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TMI Blog2019 (9) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... case of Commissioner of Income Tax-5,New Delhi Vs. Keshav Power Ltd. [ 2019 (8) TMI 811 - SC ORDER ] and in the light of the above discussions, all the appeals filed by the Revenue are found to be non-maintainable, and as all the related cross-objections of the assessee arise only as a result of those appeals and merely support the order of the CIT(A), the cross objections filed by the assessee are also dismissed as infructuous X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 50,00,000 or less. 4. In view of the above factual background and the concession by this CBDT circular, all these appeals must be dismissed as withdrawn and the related cross objections must be dismissed as infructuous. 5. This circular, only enhances the monetary limits and gives further relaxation. The old circular, beyond any dispute or controversy, categorically applied to the pending appeals as on the date of issuance of circular. 6. The circular dated 8th August 2019 is not a standalone circular. It is to be read in conjunction with the CBDT circular No. 3/2018 (and subsequent amendment thereto), and all it does is to replace paragraph nos. 3 and 5 of the said circular. This is evident from the following extracts from the circ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e authority which involves more than one assessment year and common issues in more than one assessment year no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/ judgement involves more than one assessee, each assessee shall be dealt with separately" 4. The said modifications shall come into effect from the date of issue of this Circular." 7. Clearly, all other portions of the circular no. 3 of 2018 (supra) have remained intact. The portion which has remained intact includes paragraph 13 of the aforesaid circular which is as follows: "13. This Circular will apply to SLPs/ appeals/ cross objections/ references to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the permissible exceptions- or for any other reason, and we will take appropriate remedial steps in this regard. 10. In the circumstances, respectfully following the principles laid down by the Hon"ble Supreme Court in the case of Commissioner of Income Tax-5,New Delhi Vs. Keshav Power Ltd., referred to supra and in the light of the above discussions, all the appeals filed by the Revenue are found to be non-maintainable, and as all the related cross-objections of the assessee arise only as a result of those appeals and merely support the order of the CIT(A), the cross objections filed by the assessee are also dismissed as infructuous. 11. In the results, all the appeals are dismissed as withdrawn and the Cross-objections are dismissed a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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