9911796707
TMI Blog2019 (9) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... support the order of the CIT(A), the cross objections filed by the assessee are also dismissed as infructuous - 01/chny/2016, 849/chny/2019, 2539/chny/18, 2540/chny/18, 2541/chny/18, 2542/chny/18, 3155/chny/2017, 597/chny/2018, 1306/Chny/2018, C.O.56/chny/2019, CO 58/chny/2019 - - - Dated:- 5-9-2019 - Shri George Mathan, Judicial Member And Shri Inturi Rama Rao, Accountant Member For the Appellant : Mr.Saiiendra Mamidi, PCIT,D.R For the Respondent : Mr.Philip George,Advocate, Mr.S.Sridhar, Advocate, Mr.Navin Verma, C.A ORDER PER BENCH: These Eleven appeals and Cross Objections pertain to the appeals are filed by various Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of issuance of circular. 5. 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 circular dated 8thAugust 2019: 2. As a step towards further management of litigation. it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court or appellate 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. 6. 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: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in the appeals so summarily dismissed, either owing to wrong computation of tax effect or owning to such cases being covered by the permissible exceptions- or for any other reason, and we will take appropriate remedial steps in this regard. 9. 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 asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
