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2014 (6) TMI 533

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..... rt that the tax impact is less than Rs. 10.00 lacs – revenue has recently issued an instruction bearing no. 3/2011 dated 09.02.2011, which is identical to its earlier instruction bearing no. 5/2008 dated 15.05.2008 - the monetary limit in respect of appeals where the questions of law raised need not to be answered, has been raised from Rs. 4.00 lacs to Rs. 10.00 lacs - the instruction bearing no. 5/2008 dated 15.05.2008 would apply even to the old pending references and appeals - the principle would thus naturally equally apply to the instant instruction bearing no.3/2011 dated 09.02.2011, as well- The tax effect being less than Rs. 10.00 lacs, the question of law does not require to be answered. The appeals are disposed of accordingly - I .....

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..... IT(A) erred in deleting the addition made by the AO on account of disallowance of deduction u/s 80IC not appreciating the fact that the machinery purchased by the assessee was proved to be bogus as the seller categorically denied having sold any such machinery to the assessee and also not confirmed by the transporter. 5. In the facts and circumstances of the case, the Ld. CIT(A) erred in deleting the addition made by the AO on account of disallowance of deduction u/s 80IC not appreciating the fact that the most of the bills of gas stove parts were purchased from Delhi in the readymade form and they were just transported from Delhi to Parwanoo merely for tightening of few screws as all the parts of Gas Stove are purchased in the readymade .....

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..... he meantime be waited for. Consequent there to following calculations were placed on record:- KIND ATTENTION Sr. DR F Bench Tax Effect in the case of M/s Raja Enterprises, 349/5, Mandir Marg, Nangloi, Delhi PAN-AAAFR7735F, ITA No.-1082/D/2013 A.Y.-2009-10 Name of the Assessee M/s Raja Enterprises A.Y. 2009-10 PAN AAAFR7735F Assessed income Rs.10,73,510/- Relief Allowed by CIT(A) Rs.8,52,273/- Tax Rs.2,55,682/- Edu Cess Rs. 7,670/- Total tax Rs.2,63,352/- Interest u/s 234B Rs. 76,438/- .....

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..... ssued an instruction bearing no. 3/2011 dated 09.02.2011, which is identical to its earlier instruction bearing no. 5/2008 dated 15.05.2008 except that in so far as the High Court is concerned, the monetary limit in respect of appeals where the questions of law raised need not to be answered, has been raised from Rs. 4.00 lacs to Rs. 10.00 lacs. The Division Bench of this Court in ITA No. 89/1999 decided on 28.01.2011 has already held that the instruction bearing no. 5/2008 dated 15.05.2008 would apply even to the old pending references and appeals. This principle would thus naturally equally apply to the instant instruction bearing no.3/2011 dated 09.02.2011, as well. The tax effect being less than Rs. 10.00 lacs, the question of law does .....

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