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    <title>2009 (7) TMI 115 - DELHI HIGH COURT</title>
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    <description>A loss assessment with nil net tax effect raised the question whether the Department&#039;s appeal was maintainable under CBDT monetary threshold instructions. The Tribunal treated the earlier instructions as governing and found the appeal non-maintainable because the tax effect was below the prescribed limit. The later CBDT instruction on notional tax effect in loss cases was held applicable only to appeals filed on or after 15 May 2008, so it did not govern an appeal filed in 2005 and decided in 2007. The operative position was that the earlier instructions controlled and the departmental appeal remained non-maintainable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=34941</link>
      <description>A loss assessment with nil net tax effect raised the question whether the Department&#039;s appeal was maintainable under CBDT monetary threshold instructions. The Tribunal treated the earlier instructions as governing and found the appeal non-maintainable because the tax effect was below the prescribed limit. The later CBDT instruction on notional tax effect in loss cases was held applicable only to appeals filed on or after 15 May 2008, so it did not govern an appeal filed in 2005 and decided in 2007. The operative position was that the earlier instructions controlled and the departmental appeal remained non-maintainable.</description>
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      <pubDate>Fri, 10 Jul 2009 00:00:00 +0530</pubDate>
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