Dy. Commissioner of Income Tax Vs Shri Hridey Vikram (ITAT Delhi)- CBDT, vide above instruction has clearly laid down that the revenue should not prefer appeals against assessees before ITAT if the tax effect involved in the appeal, excluding interest, is less than Rs. 3 lacs. The tax payable in the present appeal being below Rs. 3 lacs, the revenue’s appeal is dismissed as not maintainable in view of CBDT Instruction.
Baker Technical Services Private Limited Vs ITO (ITAT Mumbai) – As per order of the Ld. CIT (A) the appeal was posted for hearing on 8.02.2010. On the said date, the assessee sought the adjournment. Again the appeal was fixed on 20th February 2010. But it appears that there was no response from the assessee. Nowhere, it is mentioned by the Ld. CIT (A) that notice was duly served on the assessee fixing the date of hearing. Otherwise also, no prejudice should have been caused to the Ld. CIT (A) if one opportunity would have been given. In our opinion, the Ld. CIT (A) has disposed off the appeal in undue haste. We, therefore, set aside the order of the Ld. CIT (A) and restore the entire matter to his file for fresh adjudication as per law after giving opportunity to the assessee of being heard.
ACIT (E) Vs. India ITME Society (ITAT Mumbai) Since the assessee has not maintained separate books of account for these activities of providing other services and charging with a margin, the notification issued u/s 10(23C)(iv) will not applicable in respect of such income from other activities and therefore, the exemption u/s 10(23C)(iv) is not available in respect of the income earned by the assessee from the activity of providing power installation, electricity, telephone facilities, compressed air hire etc. etc. Accordingly, the Assessing Officer is directed to allow exemption with respect to the receipt and accumulations from the holding and organizing the exhibition and hence, the income from other activities in providing other services by charging huge profit has to be taxed as income of the assessee. Accordingly, the appeal filed by the revenue is partly allowed.
