2009 (12) TMI 101

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....inst the order of the Income Tax Appellate Tribunal Chennai 'D' Bench dated 15.1.2009 made in ITA No.747/Mds/2008 for the assessment year 2002-2003. For Appellant: Mr.K.Subramanian JUDGMENT (JUDGMENT WAS DELIVERED BY K.RAVIRAJA PANDIAN, J) By formulating the following substantial question of law "Whether, on the facts and in the circumstances of the case, the Tribunal was right in h....

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....y holding that the Assessing Officer had no jurisdiction to reopen and reassess the returns. Aggrieved by the order of the Commissioner of Income Tax (Appeals), the Revenue filed an appeal before the Tribunal, which dismissed the appeal on the ground that the tax effect in the case on hand is below the monetary limit fixed by the Central Board of Direct Taxes for filing an appeal before the Tribun....

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.... of the Tribunal. Hence, the question of law formulated does not arise from the order of the Tribunal. While observing that the other remedy is available to the Revenue, the appeal is to be dismissed as the issue of filing of an appeal by the Department before this Court or before the Tribunal when the tax effect is less than the monetary limit fixed in the circular of the Central Board of Direct ....