2014 (5) TMI 280

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..... j. The subject matter of challenge in this appeal is a judgment and order dated 14th May, 2013 by which the learned Tribunal allowed the appeal of the assessee. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal under section 260A of the Income Tax Act. It appears that an assessment under section 147/144 of the Income Tax Act was made by the Assessing Officer holdi .....

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..... ued by the C.B.D.T. He relied upon Clauses 3 and 4 of the said Instruction. From Clause-3, it appears that the appeals are not to be filed before the High Court under section 260A of the Act when the tax effect is within Rs.10,00,000/-. The expression 'Tax Effect' has been defined in Clause-4 of the said Instruction, which reads as follows: " 'Tax effect' means the difference between the tax on t .....

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..... r section 234B of the Income Tax Act of the Assessing Officer cannot be taken into account for the purpose of determining the tax effect in the light of Clauses-3 and 4 of the Instruction issued by C.B.D.T. The matter was heard by us on 9th April, 2014. Mrs. Bhargava, learned Advocate took time to further ponder over the matter. Today, she submitted that the assessee had taken the issue with rega .....

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..... hargeability of interest was not the issue in the appeal before the learned Tribunal. Interest followed, as a matter of course, the claim on account of principal. In that view of the matter, the mere fact that the claim made against the assessee under sections 147/144 of the Income Tax Act was for a sum of Rs.13,35,271/-, it cannot be said that the tax effect is for any sum more than Rs.6,87,615/ .....

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..... ax Act. We, thus, dismiss this appeal on that ground alone". Following the aforesaid judgment, we hold that this appeal has been filed by violating the Instructions issued by the CBDT, which were binding upon the appellant under Section 268A of the Income Tax Act. We, therefore, dismiss the appeal on that ground alone. In view of the dismissal of the appeal itself, the connected application has .....

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