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2009 (12) TMI 101 - MADRAS HIGH COURTFilling of an appeal – tax effect is less than Rs. 2 lakhs - . The Assessing Officer, while completing the reassessment proceedings under Section 143(3) read with Section 147 of the Income Tax Act, disallowed/withdrawn 1/4th of the expenses incurred towards insurance/ depreciation on car and interest on car loan, since the assessee himself disallowed 1/4th car maintenance expenses in his return of income. Aggrieved by the disallowance, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), who allowed the appeal by holding that the Assessing Officer had no jurisdiction to reopen and reassess the returns. Aggrieved by the order of the Commissioner of Income Tax (Appeals), the Revenue filed an appeal before the Tribunal, which dismissed the appeal on the ground that the tax effect in the case on hand is below the monetary limit fixed by the Central Board of Direct Taxes for filing an appeal before the Tribunal. The correctness of the same is now put in issue in this appeal by the Revenue on the sole ground that it is of-course true that there is a circular fixing the monetary limit for filing an appeal before the Tribunal. But, the circular is not an absolute circular. There are certain exceptions contained therein. One of the exceptions is that if there is an audit objection, the Revenue can file an appeal notwithstanding the fact that the tax effect is less than the monetary limit quoted by the Central Board of Direct Taxes. – held that - Though the said argument of the Revenue is interesting to hear, the fact remains that no such argument is appeared to have been advanced before the Tribunal, which is amply evident by a mere reading of the order of the Tribunal. Hence, the question of law formulated does not arise from the order of the Tribunal – revenue appeal dismissed
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