9911796707
TMI Blog2021 (1) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... cord reveals that the Tribunal in pursuance to Notification issued by the Central Board of Direct Taxes under Section 268A of the IT Act stipulating that the 'tax effect' as computed in terms of Circular 3 of 2018 dated 11.07.2018 being less than 50 lacs, permitted the Department to withdraw the appeal by order dated 23.08.2019. The withdrawal was, however, subject to: "7. It may be clarified that though every care has been taken by the Registry of the Tribunal in identifying the listed appeals, it may yet be that some error in working the tax effect may have occurred. It may also be that an appeal/s is otherwise saved by the exceptions listed at para 10 (scope of which stands widened vide amendment dated 20.08.2018) or para 11 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsels, other than those listed, were present during 'hearing'. All this is in fact a matter of the Tribunal's record. The claim of proper opportunity having been provided by the Tribunal to the Revenue for raising objection/s, implicit in the charge of it having not raised any objection at the time of hearing, is thus a figment of imagination; the co-author of the impugned order being a constituent of the Bench that heard the matters. There is, accordingly, no reference to any argument, by either side, in the impugned order, much less any mention of provision of opportunity to raise any specific objection; the Bench making it clear that the listed matters had been so on being identified on the basis of the revised monetary limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wrongly dismissed u/s. 268A, even as contemplated by the impugned order, as well as the order relied upon by it. The Tribunal is thus obliged to consider and decide the Revenue's objection's on merits, as the leave granted per the impugned order itself provides. How, one may ask, does the decision in Concord Pharmaceuticals Ltd. (supra) assists the assessee/s under such circumstances; the same, rather, in view of the position of law as clarified thereby, does that of the Revenue. Each of the Revenue's applications are liable to be allowed, restoring the appeals (along with the COs' if any) for being heard on merits, subject to the satisfaction, after hearing the parties, that the appeals are not covered by the extant circul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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