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TMI Blog2020 (3) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- or less. 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. 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 (subsequent amendment thereto), and all it does is to replace paragraph nos. 3 and 5 of the said circular. The Hon'ble Supreme Court in the case of KESHAV POWER LTD. [ 2019 (8) TMI 811 - SC ORDER] has also applied the Circular No.17/2019 dated 08.08.2019 and has dismissed the appeal holding as since the tax effect involved in the matter is less than ₹ 2 crores, going ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 271(l)(c) do not exist and that it is not liable to pay penalty. (iv) The CIT (Appeals) ought to have followed the decisions of Hon'ble High Court of Andhra Pradesh in the case of CIT vs. Chandulal (152 ITR 238) Srinivasa Pitty Sons vs. CIT (173 ITR 306). (v) The CIT (Appeals) ought to have held that the case of SSA's Emeralds Meadow vs. CIT (2016) 73 taxmann.com 248 (SC) is not binding in view of the decision of Shanmugavel Nadar (263 ITR 658) (SC), as the same is merely a dismissal, where it was held that a rejection of SLP through a non-speaking order is not a binding precedent. (vi) The CIT (Appeals) ought to have followed the ratio of Hon'ble Supreme Court's decision in the case of Skylight Hospita ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019, the same is not maintainable and should be dismissed. 5. We find that CBDT vide circular No.17/2019 in F.No.279/Misc.142/2007- ITJ(Pt) dated 8th August, 2019, has further liberalized its policy for not filing appeals against the decisions of the appellate authorities in favour of the taxpayers, wherein tax involved is below certain threshold limits, and announced its policy decision not to file, or press, the appeals, before this Tribunal, against the appellate orders favourable to the assessee in the cases in which overall tax effect, excluding interest except when interest itself is in dispute, is ₹ 50,00,000/- or less. 6. This circular, only enhances the monetary limits and gives further relaxation. The old circular, be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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