Commissioner of Income-tax, Kol.- 4, Kolata v. M/s. Shiva Wheels Private Limited
[Citation -2015-LL-0421-11]
| Citation | 2015-LL-0421-11 |
|---|---|
| Appellant Name | Commissioner of Income-tax, Kol.- 4, Kolata |
| Respondent Name | M/s. Shiva Wheels Private Limited |
| Court | HIGH COURT OF CALCUTTA |
| Relevant Act | Income-tax |
| Date of Order | 21/04/2015 |
| Judgment | View Judgment |
| Keyword Tags | monetary limit • tax effect |
| Bot Summary: | Mr.Avra Mazumder,Advocate The Court : The learned Tribunal dismissed the appeal preferred by the revenue on the basis of Instructions issued by the CBDT revising the monetary limit to Rs.4 lakhs for an appeal before the Income Tax Appellate Tribunal vide Instruction No.5/2014 dated 10th July, 2014. It is against this order that the revenue has come up in appeal. It is now well settled that the Instruction issued by CBDT are binding on the revenue. Mr.Avra Mazaumder, learned advocate led by Mr.Avratosh 2 Majumder, learned advocate Government Pleader drew our attention to an order passed by the Apex Court holding that appeal is not to be filed when the tax effect was less than the amount prescribed by the circulars issued by the CBDT in the case of CIT v. Surya Herbal Ltd. reported in 350 ITR 300. Mr.Sinha, learned advocate appearing on behalf of the revenue was unable to show any cascading effect which may make a difference in the matter of entertaining the appeals. In that view of the matter, the appeal is dismissed. |