TMI Blog2019 (11) TMI 1308X X X X Extracts X X X X X X X X Extracts X X X X ..... would have to be computed cumulatively and, therefore, appeals against the orders passed by the Tribunal both in the appeal preferred by the assessee, as well as the appeal preferred by the revenue would be maintainable. She also submits that merely because the appellant had preferred separate appeals in terms of Section 260A in relation to a different ITA preferred by the respondent, it does not mean that the tax effect has to be examined ITA wise only. We find merit in this submission of Ms. Malhotra. Since no cross objections have been preferred in the present case, before the Tribunal, in our view paragraph 12 is of no relevance since these cases are squarely covered by paragraph 4 of the said circular. Revenue is aggrieved by d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CIT (A) in respect of advance for Annual Maintenance Charges (AMC). The CIT (A) had, however, allowed the respondent assessee s appeal in respect of other advances received by the assessee for supply and installation of lifts and modernisation jobs relating to lifts. In respect of those aspects, the revenue had preferred appeals relating to both the assessment years aforesaid. Those appeals have been decided by the Tribunal by the impugned order. The revenue has preferred other appeals, which are also listed today in relation to the orders passed in those other appeals preferred by the revenue since those appeals preferred by the revenue have been rejected by the Tribunal. The submission of learned counsel for the resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... effect will mean quantum of penalty deleted or reduced in the order to be appealed against. Ms. Malhotra submits that the tax effect means the difference between the tax on the total income assessed i.e. assessed by the Assessing Officer, and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed. She submits that since the ITAT has deleted the additions made by the Assessing Officer, not only in respect of the advances received towards AMC, but in respect of other advances received by the assessee towards supply and installation of lifts and modernisation of lifts, the tax effect would have to be computed cumulative ..... X X X X Extracts X X X X X X X X Extracts X X X X
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