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TMI Blog2019 (8) TMI 654X X X X Extracts X X X X X X X X Extracts X X X X ..... HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1. The respondent - assessee although served with the notice issued by this Court, yet has chosen not to appear before this Court either in person or through an advocate and oppose this tax appeal at the instance of the Revenue. 2. This tax appeal under Section 260A of the Income Tax Act, 1961 [for short 'the Act, 1961'] is at the instance of the R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve ground challenges the lower appellate order deleting the addition made on account of disallowance of cash payment of Rs. 4,35,000/toward legal fees invoking provisions of section 40A(3) of the Act. There is no dispute that the net tax effect in the instant appeal is less than Rs. 10 lacs. We find that the Central Board of Direct Taxes; hereafter the 'Board' has issued the circular no.21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bjection and in such circumstances, the same would be covered under the exception mentioned in the Circular No.3/2018 of the C.B.D.T. 7. The Circular No.3/2018 issued by the Government of India, Ministry of Finance dated 11th July, 2018 is with respect to the revision of monetary limits for filing of the appeals by the department in the Income Tax Appellate Tribunal, High Courts and appeals befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sing the appeal on the ground of low tax effect.
9. This appeal succeeds and is hereby allowed. The impugned order passed by the Appellate Tribunal is quashed and set aside. The question of law is answered in favour of the Revenue and against the assessee.
The matter is remitted to the Income Tax Appellate Tribunal for fresh consideration on merits. X X X X Extracts X X X X X X X X Extracts X X X X
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