2020 (9) TMI 1020

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....nder consideration (AY 2009-10). The appeal is entertained on the following Substantial Questions of Law: 1. Whether on the facts and circumstances of the case the Tribunal was right in dismissing the departmental appeal on the ground of low tax effect without taking note of the fact that the case is covered by exceptions provided under clause (10)(c) of Circular No.3 of 2018 wherein it has been clearly stated that the cases involving revenue audit objection which had been accepted by the department are to be disposed off on merits? 2. Is not the finding of the Tribunal bad, especially the last fact finding authority should have disposed off the matter on merits especially in cases where the Revenue audit objections had been accepted by....

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....e. The natural consequence that will follow, when such orders are passed by the Courts, is to remit the matter to the Tribunal for fresh consideration. 5. We have heard Ms.R.Hemalatha, learned Senior Standing Counsel for the Revenue and Mr.V.S.Jayakumar, learned counsel for respondent/assessee on this aspect. We note that the tax demanded from the respondent assessee is Rs. 2,78,840/-. Considering the low demand, we thought fit to hear the matter on merits. 6. We have elaborately heard the learned counsels for the parties. 7. The assessee is a Private Limited Company filed its return of income for the assessment year under consideration (AY 2009-10) on 14.09.2009 admitting 'Nil' income under the normal provision and a sum of Rs. ....