AI Drafter 
TaxTMI 
TaxTMI 
2010 (10) TMI 1109
X X X X Extracts X X X X
X X X X Extracts X X X X
..... was empowered to issue notice u/s 148 for the A.Y. 2002-03, in view of the provisions of section 149(1)(a) read with section 151(1) of the IT Act, 1961? 2. During hearing of this appeal, we have heard Shri S.S. Deshpande, ld. Counsel for the assessee and Shri P.K. Mitra, learned Senior DR. The crux of argument is that the tax effect in the present appeal is below monetary prescribed limit, therefore, straight way the appeal of the revenue may be dismissed. The ld. Sr. DR Shri P.K. Mitra fairly admitted that the tax effect is below prescribed monetary limit. 3. We have considered the rival submissions of ld. representatives of both sides and perused the material available on record. In the present appeal, the income assessed is Rs. 1....
X X X X Extracts X X X X
X X X X Extracts X X X X
....arned respective counsels, we are of the considered opinion that this appeal of the revenue deserves to be dismissed. Our view finds support from the decision dated 2nd December, 2009 of the Tribunal in the case of Himanshu Floor Mills (ITA No. 507/Ind/2009). The relevant portion of the same is reproduced hereunder :- "This appeal is by the revenue challenging the order of the CIT(A) dated 26.8.2009. During hearing of this appeal, I have heard Smt. Aparna Karan, learned Senior DR, and no-body was present for the assessee. Registered notice of hearing was sent to the assessee on 11.11.2009. The assessee neither presented itself nor moved any application for adjournment, therefore, I have no option but to proceed ex-parte qua the ass....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd the assessee was allowed depreciation for the assessment year 2002- 03. The revenue has not adduced any evidence controverting the factual finding mentioned in the impugned order, therefore, the disallowance is desirable in the impugned appeal. Even otherwise on the tax effect this appeal of the revenue is liable to be dismissed. This view finds support from the decision of the Tribunal in the case of R.K. Hotels (ITA No.383/Ind/09). The relevant portion of the order is reproduced hereunder :- " This appeal is by the revenue against the order of ld. CIT-(A)-II, Bhopal, dated 31.3.2009 for the AY 2005- 06 on the ground that the ld. first appellate authority erred in deleting the addition of 6,37,206/- made by the AO by applying t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....o be appealed against. In the present appeal, the total disputed addition is Rs. 3,94,732/-, therefore, as agreed/canvassed by ld. representatives from both sides, the tax effect is below Rs. 2 lakhs, the limit prescribed for filing appeal before the Tribunal, therefore, appeal of the revenue deserves to be dismissed. Our view finds support from the decision of the Chandigarh Bench of the Tribunal in the cases of Shri J.S. Luthra (ITA No.712 to 715/Chd/2009) and ITO, Ward 2(2), Ropar vs. The Jhallian Kalan Pri. Coop Milk Produce Society Ltd., Jhallian Kalan Distt. Ropar (ITA No.721/Chd/2009). Therefore, without going into the merits of the case, facts and the judicial pronouncements (supra), this appeal of the revenue is dismissed. ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ot been set off. Consequently, we are in agreement that in view of the provisions of section 72 it should be allowed. Consequently, there is no grievance to the revenue since it has been remanded back to the file of the Assessing Officer to do the needful after verification of records of earlier years. My view finds support from the ratio laid down in CIT v. J.H. Gotla; 156 ITR 323 (SC); Tara Devi Behl v. CIT; 218 ITR 541 (P&H). The Hon'ble Apex Court in the case of CIT v. Mahalaxmi Sugar Mills Co. Ltd.; 160 ITR 920 even went to the extent that ITO must allow set off even if it is not claimed by the assessee because a duty is cast upon the ITO to apply the relevant provisions of the Indian Incometax Act for the purpose of determining the tr....