2013 (7) TMI 167

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... in appeal against the judgement of the Income 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....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... exceptions where notwithstanding the tax effect 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.  &....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e monetary limit prescribed by Board vide Instruction No.3/2011 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(....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....decided by the Tribunal arises out of a statutory provision whose validity is in question (not necessarily in the proceedings before the High Court itself). 4. The very purpose of laying down the limitations of tax appeal permitting the Revenue to carry issues before the higher forum is to save public time and to enable the Tribunal and the Courts to focus on appeals involving larger revenue. T....