Tax effect should be minimum otherwise appeal deserved to be dismissed

Last updated: 02 May 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
That being so and in view of the recent CBDT Instruction No. 3 of 2011 dated 9th February, 2011 reported in (2011) 332 ITR 1 (Statutes) and the ratio of the decision of the Hon’ble Jurisdictional High Court in the case of CIT v. Madhukar K. Inamdar (HUF) (2009) 318 ITR 148(Bom), wherein it has been held that the revised monetary limit in the Circular dated May 15, 2008 would be applicable for all pending appeals and also the consistent view of the Co-ordinate Benches of the Tribunal, we are of the view that the Department should not have filed the appeal and accordingly, the appeal filed by the revenue is dismissed.

Citation :
Dy. Commissioner of Income Tax 2(1),Room No.575, 5th Floor,Aayakar Bhavan, M K Road,Mumbai - 400020.APPELLANT V/s M/s Datacraft India Ltd.Unit No.204-206, 2nd Floor, Trade Centre,Kamla Mills Compound, Lower Parel,Mumbai-400013 PAN: AAACD2145G RESPONDENT