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TMI Blog2015 (5) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... th this appeal. It is also evident from the order passed by the Tribunal that there is no reference to any document filed by the Department, before the Tribunal, insofar as Revenue Audit Objection in relation to the said transaction is concerned. In such view of the matter, this Court is in agreement with the view taken by the Tribunal that CBDT Circular 3/2011 dated 9.2.2011 will come into play and, therefore, the dismissal of the appeal is entirely justified. No substantial questions of law arise for consideration in this appeal. - Decided against revenue. - T.C.A. NO. 1047 OF 2014 - - - Dated:- 7-1-2015 - MR. R.SUDHAKAR AND MR. R.KARUPPIAH, JJ. For the Appellant : Mr. T. Ravikumar JUDGMENT (DELIVERED BY R.SUDHAKAR, J.) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The assessment was completed and the Assessing Officer found that during the year ending 31.3.05, the company had paid excess payment towards remuneration. Therefore, the Assessing Officer held that according to Schedule XIII of the Companies Act, remuneration would include any other allowance and, therefore, would cover sitting fees as well and, therefore, while allowing the amount, the same was added as income by the Assessing Officer. 3. Aggrieved against the said order of the Assessing Officer, the assessee/respondent filed appeal before the CIT (Appeals), who allowed the appeal of the assessee and deleted the addition of ₹ 2,52,000/= made by the Assessing Officer. 4. The Revenue, aggrieved by the order of the CIT (Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For better appreciation, sub-clause (c) of clause 8 of the CBDT Circular 3/2011 dated 9.2.2011, is extracted hereunder :- 8. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect. (a) Where the Constitutional validity of the provisions of an Act or Rule are under challenge, or (b) Whete Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit Objection in the case has been accepted by the Department. 6. It is the contention of Mr. Ravikumar that there being a Revenue Audit Objection i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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