TMI Blog2013 (11) TMI 833X X X X Extracts X X X X X X X X Extracts X X X X ..... the Petitioner : Shri K. Singh For the Respondent : Shri Ajit Shetty ORDER Per B. R. Mittal, JM:- The Department has filed this appeal for assessment year 2007-08 against order of ld. CIT(A) dated 28.01.2011 on the following grounds: "1. On the facts and in the circumstances of the case and in law, the ld CIT(A) erred in holding that the rent received on warehouse amounting to Rs.11,58,899/- as business income instead of income from house property as assessed by the assessing officer; 2. On the facts and in the circumstances of the case, the ld CIT(A) failed to appreciate that the facts of the assessee's case differ from that of the decision in the case of CIT V/s National Storage Pvt Ltd (66 ITR 596) and ITAT, Mumbai's de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:-- S. No. Appeals in Income-tax matters Monetary Limit (In Rs.) 1. Appeal before Appellate Tribunal 3,00,000 2. Appeal u/s 260A before High Court 10,00,000 3. Appeal before Supreme Court 25,00,000 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case 4. For this purpose, "tax effect" means the difference between the tax on the total income assessed and the tax that would have been chargeable had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... one assessment year, appeal shall be filed in respect of all such assessment years even if the 'tax effect' is less than the prescribed monetary limits in any of the year(s), if it is decided to file appeal in respect of the year(s) in which 'tax effect' exceeds the monetary limit prescribed. In case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately. 6. In a case where appeal before a Tribunal or a Court is not filed only on account of the tax effect being less than the monetary limit specified above, the Commissioner of Income-tax shall specifically record that "even though the decision is not acceptable, appeal is not being filed only on the consideration that the tax effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve to be produced in courts, the judicial folders in the office of CsIT must be maintained in a Systemic manner for easy retrieval. 8. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect. (a) Where the Constitutional validity of the provisions of an Act or Rule are under challenge, or (b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in the case has been accepted by the Department. 9. The proposal for filing Special Leave Petition under Article 136 of the Constitution before the Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X
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