2019 (6) TMI 51

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....machandra Menon, Chief Justice And Shri Prashant Kumar Mishra, Judge For the Appellant : Ms. Naushina Ali, Advocate. For the Respondent : None JUDGMENT ON BOARD PER P.R. RAMACHANDRA MENON, CHIEF JUSTICE 1. Challenge is at the instance of the Revenue. Grievance is against the order passed by the Income Tax Appellate Tribunal, Raipur Bench, Raipur (for short 'the Tribunal') gr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he law declared by the Apex Court in Smt. Sarifabibi Mohammed Ibrahim v. Commissioner of Income Tax; (1993) 204 ITR 631 SC. 3. It is in the said circumstances that the above appeal has been filed, suggesting the following substantial questions of law: "1. Whether in law and on the facts and circumstances of the case, the ITAT was justified in setting aside the order of CIT (A) and dire....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or not, was to be decided or answered? 3. Whether in law and on the facts and circumstances of the case, the ITAT is justified in deleting the order of CIT (A) who has confirmed the order of the AO accepting the findings by the latter and from the evidences on record regarding the impugned land being regarded as non agricultural land, inter alia falling within the ambit of decision of Cap....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ral Board of Direct Taxes (CBDT), the subject matter of litigation for approaching the High Court shall be of a minimum value of Rs. 50,00,000/- which requirement is not satisfied in the instant case, as in the present case, the tax effect is to the extent of Rs. 2,36,480/- only. 5. This Court is also aware of the fact that the scope of the said circular was considered by the Apex Court and in ....