TMI Blog2017 (3) TMI 1825X X X X Extracts X X X X X X X X Extracts X X X X ..... disallowing expenditure paid to Cochin Port Trust, for non-deduction of tax - HELD THAT:- AO reopened the assessment u/s 147 on the basis of audit objection and disallowed an expenditure being the sum paid to Cochin Port Trust towards port charges. Admittedly, the appeal was not filed on the basis of audit objection. The assessment was reopened on the basis of audit objection. On perusal of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the appeal of the Revenue. 2. Shri R. Clement Ramesh Kumar, the Ld. Departmental Representative, submitted that this Tribunal dismissed the appeal on the ground that tax effect involved is less than ₹ 10 lakhs. Admittedly, the tax effect involved in this appeal was ₹ 6,13,140/-. However, the assessment itself was reopened on the basis of audit objection. In view of the audit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the approval granted by the Principal Commissioner of Income Tax under Rule 15 of Appellate Tribunal Rules, 1963, it appears that the appeal was filed in the regular course and not on the basis of audit objection. Therefore, it is obvious that para 8 of Circular No.21 of 2015 issued by CBDT is not applicable. Hence, the Miscellaneous Petition filed by the Revenue has no merit at all. 5. In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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