2019 (3) TMI 1729

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.... ORDER Per Annapurna Gupta, Accountant Member: Vide this Miscellaneous Application the Revenue has sought recalling of the order passed in ITA No.656/Chd/2018 dated 01.08.2018 relating to assessment year 2014-15, wherein the appeal of the Revenue was dismissed on account of low tax effect involved as prescribed by the CBDT Circular No. 3/2018 dated 11.07.2018. 2. It has been pointed out that t....

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....of the case, the Hon'ble ITAT is justified in dismissing the appeal of the revenue observing that the tax effect in the case is below the monetary limit as laid down vide Inst. No.3/2018(earlier 21/2015), ignoring the fact that the case is covered under the except ion (b) of para 10 drawn in the aforesaid circular due to CBDT Circular No.5/2014 dated 11.02.2014" (iii) Whether on the facts and i....

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....not depend on earning of income as held by Supreme Court I the case of CIT vs Rajender Prasad Moody(1978) 115 ITR 519?"  (v) Whether on the facts and in the circumstances of the case, the Hon'ble ITAT is justified in dismissing the appeal of the Revenue on tax effect, and not deciding the merits, without appreciating the fact that there is no such restriction stipulated either in sect ion ....

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.... the case of Hero Cycles Ltd.,323 ITR 204 and CIT vs Winsome Textile Industries Ltd. , 319 ITR 204 whose facts are distinguishable from the taxpayers, ignoring the principal of apportionment laid down by Hon'ble Supreme Court decision in CIT vs Wal fort Share and Stock Brokers P Ltd:326 ITR 1 (SC) and upheld by the Hon'ble Supreme Court in 91 Taxmann.com 154 (SC)?" 3. It has therefore been reque....