TMI Blog2013 (9) TMI 1070X X X X Extracts X X X X X X X X Extracts X X X X ..... mount involved in each of the appeals is in excess of limit laid down in the circular prevailing at the relevant time. - TAX APPEAL NO. 977 of 2009 With TAX APPEAL NO. 170 of 2010, 108 of 2010, 208 of 2010, 881 of 2010, 1102 of 2010, 959 of 2010, 1271 of 2010, - - - Dated:- 30-9-2013 - MR. M.R. SHAH MS SONIA GOKANI JJ. TAX APPEAL NO.977 OF 2009, TAX APPEAL NO.108 OF 2010, TAX APPEAL NO.881 OF 2010, TAX APPEAL NO.1102 of 2010, TAX APPEAL NO.959 of 2010, TAX APPEAL NO.1271 of 2010 MRS MAUNA M BHATT, ADVOCATE For the Appellant: MRS MAUNA M BHATT, ADVOCATE, TAX APPEAL NO.170 OF 2010 Mr. K.M. PARIKH, ADVOCATE for the Appellant No.1 TAX APPEAL NO.208 OF 2010 MRS Paurami B. Sheth, Advocate for the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on the ground of low tax effect. 2.4. Tax Appeal No.881 of 2010 has been preferred by the appellant revenue challenging the order dated 15.5.2009 passed by the learned ITAT in ITA No. 2146/Ahd/2006 for assessment year 199899, by which, the learned Tribunal has dismissed the said appeal preferred by the revenue on the ground of low tax effect. 2.5. Tax Appeal No.1102 of 2010 has been preferred by the appellant revenue challenging the order dated 13.2.2009 passed by the learned ITAT in ITA No. 2737/Ahd/2005 for assessment year 200203, by which, the learned Tribunal has dismissed the said appeal preferred by the revenue on the ground of low tax effect. 2.6. Tax Appeal No.959 of 2010 has been preferred by the appellant-revenue challe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be only notional tax effect. It is submitted that appropriate computation loss would be necessary and may have relevance, if in, subsequent years, the assessee declares profits. It is submitted that in the present cases the amount involved is in excess of the limit laid down in the circular prevailing at the relevant time. It is submitted that while dismissing the appeals solely on the ground of low tax effect, if the learned Tribunal has not appreciated and / or considered the fact that the notional tax effect would exceed the monetary limit prescribed by the Board. Learned counsel appearing on behalf of the revenue has submitted that as such the question raised in the present appeal is squarely covered by the decision of the this Court i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is the case on behalf of the revenue that the aforesaid would have been considered, the amount involved in each of the appeals is in excess of limit laid down in the circular prevailing at the relevant time. 8.0. Identical question came to be considered by the Division Bench of this Court in Tax Appeal No.1601 of 2009 and other allied appeals and the Division Bench considered the same / similar substantial question of law, which reads as follows; Whether the appellate tribunal is right in law and on facts in dismissing the tax appeal of the revenue on the ground of low tax effect, though the notional tax effect exceeded the monetary limit prescribed by the Board 9.0. The aforesaid decisions of this Court in Tax Appeal No.1601 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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