9911796707
TMI Blog2012 (2) TMI 561X X X X Extracts X X X X X X X X Extracts X X X X ..... the department is directed against the order dated 14th February, 2011 of the CIT(Appeals), Belgaum for the assessment year 2008-09. 2. Following grounds have been raised by the department: 1. The CIT(A) erred in ignoring e-circular on EXIT OPTION Scheme issued by the State Bank of India, Corporate Centre, Mumbai. As per para 10 of the aid circular it is clearly mentioned that no exempti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. At the very outset, it is noticed that the tax effect in this departmental appeal is less than ₹ 3 lakhs i.e., the amount prescribed by the CBDT for not filing the appeal, so the department should not have filed this appeal in view of the instructions issued by the CBDT. 4. The ld. DR, however, stated that the issue agitated by the department should be decided on merits. 5. After c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll not preclude such authority from filing an appeal or application for reference on the same issue in the case of - (a) the same assessee for any other assessment year, or (b) any other assessee for the same or any other assessment year. (3) Notwithstanding that no appeal or application for reference has been filed by an income-tax authority pursuant to the orders or instructions or dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons (2), (3) and (4) shall apply accordingly. 6. It is not in dispute that the Board s instructions or directions issued to other income-tax authorities are binding on those authorities, therefore, the department ought not to have filed the appeal in view of the above mentioned provisions of section 268A since the tax effect in the instant case is less than ₹ 3.00 lakhs i.e., the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X
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