Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, ‘B’ (SMC
Before: SHRI ABRAHAM P. GEORGE]
आदेश / O R D E R
In this appeal, Revenue is aggrieved that the ld.
Commissioner of Income Tax (Appeals) deleted a disallowance of �33,00,000/- made by the ld. Assessing Officer u/s. 69B of the Income Tax Act, 1961 (in short ‘’the Act’’).
ITA No. 1170/Mds/2017. :- 2 -:
I find from the assessment order that the gross tax comes to �9,69,853/-. Though alongwith the Surcharge / Education Cess, the total demand exceeds �10,00,000/-, definition of ‘tax’ given in section 2(43) of the Act, does not give any scope for including such items in ‘tax’. Since the tax is less than �10,00,000/-, I am of the opinion that by virtue of CBDT Circular No.21/2015, dated 10th December, 2015, an appeal will not lie to the Tribunal.
In the result, the appeal of the Revenue is dismissed. 3.
Order pronounced in the open court at the time of hearing on 21st August, 2017, at Chennai.