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2015 (8) TMI 663 - HC - Income TaxPenalty levied u/s 271D - violation of provisions of section 269SS - Tribunal deleted penalty levy - Low tax effect - Held that:- The Central Board for Direct Tax (CBDT) has issued Instruction No.5 of 2014 and in line with its earlier Instruction No.3 of 2011 directing the Revenue not to file appeals to the High Court from the order of the Tribunal when the tax effect is less than ₹ 10 lakhs. This Court in CIT vs. Vijaya V. Kavekar [2013 (2) TMI 451 - Bombay High Court] dismissed the appeal having tax effect of less than ₹ 10 lakhs in terms of Instruction No.3 of 2011. This on the ground that the instructions of CBDT in terms of Section 268A of the Act will ever apply to pending appeals. Thus, following the above decision, we are not inclined to entertain this appeal. Moreover, the Revenue has not been able to point out that the appeal would otherwise stand covered by the exclusion clause of Instruction No.5 of 2014 or would be otherwise covered by the Apex Court decision in CIT vs. Surya Harbal Ltd.[2011 (8) TMI 137 - Supreme Court of India]. The present appeal has a tax effect of only ₹ 4,42,000/-, we see no reason to entertain the proposed questions of law. - Decided against revenue.
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