The Commissioner Of Income Taxahmedabad - Ii v. Kadam Exports Pvt. Ltd.....opponent(S

O/TAXAP/1110/2007 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 1110 of 2007 FOR APPROVAL AND SIGNATURE: HONOURABLE MR.JUSTICE KS JHAVERI andHONOURABLE MR.JUSTICE K.J.THAKER ================================================================ 1 Whether Reporters of Local Papers may be allowed to see the judgment ?the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ?judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 or any order made thereunder ?to the interpretation of the Constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ================================================================ THE COMMISSIONER OF INCOME TAXAHMEDABAD - II....Appellant(s)Versus KADAM EXPORTS PVT. LTD.....Opponent(s) ================================================================ Appearance: MRS MAUNA M BHATT, ADVOCATE for the Appellant(s) No. 1MR TUSHAR P HEMANI, ADVOCATE for the Opponent(s) No. 1MS VAIBHAVI K PARIKH, ADVOCATE for the Opponent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE KS JHAVERIandHONOURABLE MR.JUSTICE K.J.THAKER Date : 22/12/2014 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. By way of this appeal, the appellant-revenue has challenged the order dated 17.11.2006 passed by the Income-tax Appellate Tribunal, Ahmedabad Bench in ITA No. 2012/Ahd/2002 for the assessment year 1997-98. 2. While admitting this appeal on 18.01.2008, this Court has framed the following substantial question of law: [A] Whether the Appellate Tribunal was right in law and on facts in holding that interest u/s. 234B and 234C is not leviable when the income is assessed u/s. 115JA of the Act? [B] Whether the Appellate Tribunal is right in law and on facts in holding that issue relating to levy of interest u/s. 234B and 234C is debatable and therefore the said interest cannot be levied while processing the return u/s. 143(1)(a) of the Act? 3.In our view, the amount involved in the present case is a small one and the revenue effect is less than Rs. 1 lakh, and therefore, as per CDBT Instruction No. 1979 dated 27[th ]March, 2000 and 02 of 2005, the revenue ought not to have come in appeal where the total revenue effect is less than Rs. 1 lakh, and therefore, this appeal is not entertained. The questions are answered in favour of the assessee and against the revenue. This appeal is dismissed on the ground of smallness of amount. Liberty to revive in case of difficulty. divya (K.S.JHAVERI, J.) (K.J.THAKER, J)