2010 (9) TMI 1132

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..... enue and Mr.M.P.Rastogi, learned counsel for the assessee. In this appeal, the following substantial question of law arises for consideration: "Whether on the facts and in the circumstances of the present case Tribunal was justified in law in dismissing the appeal filed by the Revenue on the ground that the tax effect involved in the appeal was not more than the limit provided in the instructio .....

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..... sessee and hence, no interference is called for. At this juncture, we think it apposite to refer to paragraph 4 of the circular which reads as under: "For this purpose, ?tax effect? means the difference between the tax on the total income assesse4d and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issue against which appeal .....

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..... remained to be a negative figure inspite of the CIT(Appeals)'s order. The ITAT upheld the contentions of assessee and dismissed the appeal on the ground that tax effect involved in the appeal is not more than the limit provided in the Board's instructions for challenging the order or the CIT(Appeals). The facts of the present appeal are similar, therefore, following the Special Bench?s order, the .....

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