2012 (2) TMI 561

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....DR) O R D E R Per N.K. Saini, Accountant Member The appeal by the department is directed against the order dated 14th February, 2011 of the CIT(Appeals), Belgaum for the assessment year 2008-09. 2. Following grounds have been raised by the department:  "1. The CIT(A) erred in ignoring e-circular on "EXIT OPTION" Scheme issued by the State Bank of India, Corporate Centre, ....

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.... received from such scheme under section 10(10C)." 3. None appeared on behalf of the assessee. At the very outset, it is noticed that the tax effect in this departmental appeal is less than Rs. 3 lakhs i.e., the amount prescribed by the CBDT for not filing the appeal, so the department should not have filed this appeal in view of the instructions issued by the CBDT. 4. The ld. DR, however, s....

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....appeal or application for reference on any issue in the case of an assessee for any assessment year, it shall not preclude such authority from filing an appeal or application for reference on the same issue in the case of - (a) the same assessee for any other assessment year, or (b) any other assessee for the same or any other assessment year. (3) Notwithstanding that no....

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....r filing an appeal or application for reference shall be deemed to have been issued under sub-section (1) and the provisions of sub-sections (2), (3) and (4) shall apply accordingly." 6. It is not in dispute that the Board's instructions or directions issued to other income-tax authorities are binding on those authorities, therefore, the department ought not to have filed the appeal in view of ....