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2015 (8) TMI 663 - BOMBAY HIGH COURT

2015 (8) TMI 663 - BOMBAY HIGH COURT - TMI - Penalty 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 .....

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therwise 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. - Notice of Motion No. 549 of 2013, Income Tax Appeal (L) No. 130 of 2013 - Dated:- 7-8-2015 - M. S. Sanklecha And N. M. Jamdar, JJ. For the Appellant : Mr Tejveer Singh For the Respondent : Mr Nishit Gandhi i/b Mr Vipul .....

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Appellate Tribunal at Ahmedabad. For the reasons indicated in the affidavit in support of the Notice of Motion, we condone the delay of 1178 days in filing the appeal. The Notice of motion is allowed in above terms. 3. At the request of the learned Counsel for the Appellant, the appeal itself is taken up for admission. 4. The challenge in the present appeal is to the order of tribunal dated 18th February 2009 imposing a penalty upon the appellant. 5. Mr. Tejveer Singh learned counsel for the re .....

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