2014 (6) TMI 533

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....s for claiming deduction u/s 80IC. 2. In the facts and circumstances of the case, the Ld. CIT(A) erred in deleting the addition made by the AO on account of disallowance of deduction u/s 80IC not appreciating the fact that the assessee employed below 10 labor/workers with aid of power and the annual electricity expenses were very meager. 3. In the facts and circumstances of the case, the Ld. CIT(A) erred in deleting the addition made by the AO on account of disallowance of deduction u/s 80IC not appreciating the fact that the assessee did not furnish list of employees and as per Inspector's report there were no regular labour/workers in the factory as well as no pay roll register was maintained. 4. In the facts and circumstances of the c....

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....utset, Ld. Counsel for the assessee, Mr. Kapil Goel, Adv. submitted that the tax effect in this case is less than Rs.3.00 Lacs. The position was admitted by the Sr. DR, Ms. Meenakshi Vohra and the parties were directed to place the exact tax effect involved on record. However no calculations were provided by the parties. Accordingly the hearing was refixed. In response thereto, Sr. Dr. sought to place on record on subsequent date certain calculations on the basis of which it was submitted that tax involved in the present appeal was Rs.2,63,351/-. The said calculation is available on record. However since on the said date, the Ld. AR had moved an adjournment petition, in these circumstances Ld. Sr. DR requested that let the AO's calculation ....

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....een that the Hon'ble Delhi High Court in their decision dated 25.03.2011, considering the above mentioned Instruction 3/2011 dated 09.02.2011 which has revised the monetary limit for filing the appeal of the department before ITAT, Hon'ble High Court and Hon'ble Apex Court to Rs.3.00 Lacs, Rs. 10.00 Lacs and Rs. 25.00 Lacs respectively held as under:- "It is stated that the tax impact in the present cases is less than Rs. 10.00 lacs. The Department has recently issued an instruction bearing no. 3/2011 dated 09.02.2011, which is identical to its earlier instruction bearing no. 5/2008 dated 15.05.2008 except that in so far as the High Court is concerned, the monetary limit in respect of appeals where the questions of law raised need not to b....