Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2020 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (10) TMI 779 - HC - Income TaxMaintainability of appeal - low tax effect - tax effect on account of the said alleged audit objection - HELD THAT:- Revenue stake in the present case is admittedly much below ₹ 10,00,000/-, and for High Court purposes, as per the latest CBDT Circular, the said limit is now Rs.One Crore Revenue could not produce any such audit objection for perusal of the Tribunal/ this court. Appellant Revenue only submitted that the Office File Noting provided to him shows that the appeal was preferred before the learned Tribunal on the basis of some audit objection. Tribunal has earlier permitted withdrawal of the appeal by the Revenue, as the Revenue stake was below ₹ 10,00,000/- which factual position is not disputed. The mere existence of the audit objection for the present AY 2003-04 does not change the Revenue stake at all. Appellant Revenue should appreciate and understand the letter and spirit of the CBDT Circular in the litigation policy issued by it, to withdraw, and not to press the appeal on merits, before the concerned forums viz. Tribunal or High Court, if the Revenue stake or tax effect is less than the prescribed limit.
|