TMI Blog2009 (7) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... came much thereafter, and in view of paragraph 11 thereof, has no applicability to the case. The Income-tax Appellate Tribunal, therefore, rightly dismissed the appeal as non-maintainable. The present appeal preferred thus clearly is a misuse of the process of law and in spite of the aforesaid clear instructions of the Central Board of Direct Taxes itself, we fail to understand as to why this appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 80 on sundry creditors on the assessee's failure to reconcile the balance and the disallowances. After disallowing the aforesaid charges, the income was assessed at a loss of Rs. 87,96,942 thus instead of the loss of Rs. 1,13,20,160 declared by the assessee. The loss was assessed at Rs. 87,96,942. The net effect in any case was that no tax was payable. The Commissioner of Income-tax (Appeals) on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not maintainable if the tax effect is below Rs. 2 lakhs. As per the aforesaid instructions as tax effect was nil in the present case, the appeals were non-maintainable. The Income-tax Appellate Tribunal accepted this plea of the assessee and dismissed the appeal of the Department as non-maintainable. While doing so it relied upon the following judgments: (1) CIT v. Pradeep Kumar Gupta [2008] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ragraph 11 of the said instruction as under "this instruction will apply to appeals filed on or after May 15, 2008". However, the cases where appeals have been before May 15, 2008, will be governed by the earlier instructions on this subject, operative at the time when such appeal was filed. In the present case, appeal was filed in the year 2005 before the Income-tax Appellate Tribunal and it was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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