TaxTMI 
TaxTMI 
2013 (11) TMI 833
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.... officer; 2. On the facts and in the circumstances of the case, the ld CIT(A) failed to appreciate that the facts of the assessee's case differ from that of the decision in the case of CIT V/s National Storage Pvt Ltd (66 ITR 596) and ITAT, Mumbai's decision in the case of Vora Warehousing Pvt.Ltd V/s CIT(70 ITD 518) quoted in the appellate order; 3. On the facts and in the circumstances of the case and in law, the ld CIT(A) failed to appreciate that in the case of Shambhu Investment Pvt.Ltd V/s CIT (263 ITR 143), the Supreme Court held that the rental income is assessable as income from house property." 2. At the time of hearing, ld. AR submitted that the tax effect in the appeal filed by the department is only Rs.2,33,155/- and in view....
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....f the case 4. For this purpose, "tax effect" means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed (hereinafter referred to as "disputed Issues"). However the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount of interest shall be the tax effect. In cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty orders, the tax effect will mean quantum....
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....ncome-tax shall specifically record that "even though the decision is not acceptable, appeal is not being filed only on the consideration that the tax effect is less than the monetary limit specified in this instruction". Further, in such cases, there will be no presumption that the Income-tax Department has acquiesced in the decision on the disputed issues. The Income- tax Department shall not be precluded from filing an appeal against the disputed issues in the case of the same assessee for any other assessment year, or in the case of any other assessee for the same or any other assessment year, if the tax effect exceeds the specified monetary limits. 7. In the past, a number of instances have come to the notice of the Board, whereby an ....
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....in the case has been accepted by the Department. 9. The proposal for filing Special Leave Petition under Article 136 of the Constitution before the Supreme Court should, in all cases, be sent to the Directorate of Income-tax (Legal & Research), New Delhi and the decision to file Special Leave Petition shall be in consultation with the Ministry of Law and Justice. 10. The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income-tax, filing of appeals in other direct tax matters shall continue to be governed by relevant provisions of statute and rules. Further, filing of appeal in cases of Income-tax, where the tax effect is not quantifiable or not involved, such as the case of regis....