Appeal with CIT (A)

This query is : Resolved

RAHUL AHEWAL (Querist)
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11 January 2011 Dear Sir,

What is the Fees for making Appeals with CIT (A) if there is a loss of Rs. 1,23,00,000/-

please

its urgent

Guest

Guest (Expert)

11 January 2011 Rs. Two Hundred Fifty Only.

RAHUL AHEWAL

RAHUL AHEWAL (Querist)
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11 January 2011 Dear Sir,

but of there is a income / loss exceeds Rs. 200000/- the fee chargeabele in Rs. 1000/-

Please resolve my doubt

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RAHUL AHEWAL

RAHUL AHEWAL (Querist)
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11 January 2011 Dear Sir,

but if there is a income / loss exceeds Rs. 200000/- the fee chargeabele in Rs. 1000/-

Please resolve my doubt

CA Sanat Pyne

CA Sanat Pyne (Expert)
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11 January 2011 If Assessed total income

Rs.1 lakh or less then appeal fees will be Rs.250/-
.

visit this link

http://taxguru.in/income-tax/fees-for-filing-appeal-with-cit-a-itat-high-court-for-filing-revision-petition-for-application-with-settlement-commission-and-court-fees.html

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Guest

Guest (Expert)

11 January 2011 Total Income is in minus and therefore, it is less than 1,00,000/- and therefore covered by Sec. 249(1)(i).

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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11 January 2011 Absolute value of assessed income should be taken to determine the fee for appeal. Accordingly, the fee payable is Rs.1,000/- and not Rs.250/-.

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Guest

Guest (Expert)

11 January 2011 I am totally disagree with Mr.Warrier

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Guest

Guest (Expert)

11 January 2011 It will be further advisable to go ahead with challan of Rs. 250/-. Let the CIT(A) raise the defect.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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11 January 2011 Pl see the decision of Hyderabad Bench of the Tribunal in Andhra Pradesh State Electricity Board vs. ITO (1994) 49 ITD 552 (Hyd) wherein they held that even where total income is computed at a loss and such loss exceeds Rs.1 lakh, the fees payable would be as per the slab prescribed for the income more than Rs. 1 lakh and therefore fees are to be determined on the basis as if loss determined is income.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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11 January 2011 However a contrary decision can be seen in the case of Tribunal fees in
Gibs Computer Vs. ITAT (2009) TIOL 462 (MUM). DECISION OF HIGH COURT DATED 29/07/2009.

Guest

Guest (Expert)

11 January 2011 Thank you Mr. Warrier. You will be agree that Decision of HC will prevail over the decision of ITAT and any case, one should go ahead with challan of Rs. 250/-. Let the CIT(A) raise the defect.

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