2011 (8) TMI 614

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....a for the Respondent. JUDGMENT N. Kumar, J. - The Revenue has preferred this appeal challenging the order dated 15.09.2005 in ITA No.766/Bang/2005 passed by the Income-tax Appellate Tribunal, which has dismissed the appeal of the revenue and affirmed the order passed by the Appellate Commissioner, up-held the claim of the assessee under Section 54 of the Income-tax Act and set aside the orde....

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....earing for the revenue has made available to us the original file where recommendation is made for preferring the appeal in spite of the aforesaid circular. It discloses that as the tax effect reported by the Assessing Officer is Rs. 4,49,375/-, it was recommended to prefer an appeal under Section 260A of the I.T. Act. The said report of the Assessing Officer, is patently incorrect. Rs. 4,49,375/-....