2010 (2) TMI 775

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.... of law :   "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in dismissing the appeal of the Revenue merely on the ground that the tax effect was less than the minimum specified in the Board's instruction without going into the merits of the case ?   2. Whether, on the facts and in the circumstances of the case, the Income-....

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....ed March 27, 2000, issued certain guidelines in F. No. 279/126/98-ITJ, dated June 29, 2000, as under :   "1. The monetary limits in the context of 'each case taken singly' would mean each assessment year for each assessee considered at one point of time. For example, if filing of appeals were to be considered in the case of XYZ Ltd. for the assessment year 1995-96 and 1996-97, the monetary....

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....mple, case under consideration may relate to the assessment order under section 143(3) whereas the prosecution proceedings may have been initiated on other point like TDS. It is clarified that the adverse judgment should be contested only if the prosecution proceedings contemplated relates to point under appeal and not on points unrelated to the issues in appeal.   4. This may be brought t....

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.... by the Central Board of Direct Taxes dated June 29, 2000, and particularly point No. 1 which we have extracted above. By the said clarification, the Revenue is entitled to club all the assessment years for the purpose of tax effect in the event the Commissioner of Income-tax (Appeals) disposes of all the appeals by a common order.   Factually in this case, the Commissioner of Income-tax (....