https://www.taxtmi.com/caselaws?id=431050 Where a departmental appeal is barred by the CBDT monetary-limit circular, the prosecution exception must be applied if prosecution has already been filed and is pending in court. The earlier dismissal of the Revenue's appeal for one assessment year was recalled because the record showed pending prosecution against the assessee company and its directors, and a mere stay did not end the prosecution. For the other assessment year, recall was refused because no prosecution had been filed, so the exception did not apply and no error in the low-tax-effect dismissal was shown. en-us Wed, 28 Sep 2022 00:00:00 +0530 Sat, 03 Dec 2022 09:13:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=431050 Where a departmental appeal is barred by the CBDT monetary-limit circular, the prosecution exception must be applied if prosecution has already been filed and is pending in court. The earlier dismissal of the Revenue's appeal for one assessment year was recalled because the record showed pending prosecution against the assessee company and its directors, and a mere stay did not end the prosecution. For the other assessment year, recall was refused because no prosecution had been filed, so the exception did not apply and no error in the low-tax-effect dismissal was shown. Case-Laws Income Tax Wed, 28 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=431050