2014 (5) TMI 280

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....haitan ORDER Girish Chandra Gupta,j. The subject matter of challenge in this appeal is a judgment and order dated 14th May, 2013 by which the learned Tribunal allowed the appeal of the assessee. Aggrieved by the order of the learned Tribunal, the revenue has come up in appeal under section 260A of the Income Tax Act. It appears that an assessment under section 147/144 of the Income Tax....

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....tion No.3 of 2011 dated 9th February, 2011 issued by the C.B.D.T. He relied upon Clauses 3 and 4 of the said Instruction. From Clause-3, it appears that the appeals are not to be filed before the High Court under section 260A of the Act when the tax effect is within Rs.10,00,000/-. The expression 'Tax Effect' has been defined in Clause-4 of the said Instruction, which reads as follows: " 'Tax e....

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....contended that the amount of interest claimed under section 234B of the Income Tax Act of the Assessing Officer cannot be taken into account for the purpose of determining the tax effect in the light of Clauses-3 and 4 of the Instruction issued by C.B.D.T. The matter was heard by us on 9th April, 2014. Mrs. Bhargava, learned Advocate took time to further ponder over the matter. Today, she submi....

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....e in issue. We are, therefore, of the opinion that chargeability of interest was not the issue in the appeal before the learned Tribunal. Interest followed, as a matter of course, the claim on account of principal. In that view of the matter, the mere fact that the claim made against the assessee under sections 147/144 of the Income Tax Act was for a sum of Rs.13,35,271/-, it cannot be said tha....