2013 (7) TMI 167

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....ome Tax Appellate Tribunal dated 9.8.2012 raising following questions for our consideration :      "Whether the Income Tax Appellate Tribunal was justified in deleting the addition of Rs.8,68,517/- under section 40(a)(ia) of the Income Tax Act, 1961 holding that the provisions of section 40(a)(ia) as amended by the Finance Act, 2010 w.e.f. 01/04/2010, are retrospective, withou....

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....t involved, the appeals could still be presented to higher forum. Such exceptions are as follows :      "8. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect.      (a) Where the Constitutional vali....

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....2011 dated 09/02/2011, present case falls in the exception laid down in clause(a) of Para-8 of the above instruction, wherein the Constitutional validity of the provisions of an Act or Rule are under challenge and therefore, present appeal by the revenue is maintainable." 2. Revenue thus contends that this appeal falls in the exception(a) noted above. We wonder how the Revenue can contend that Co....