2018 (1) TMI 1609

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....tioner by: Shri Sanat Kumar Raha, JCIT Respondent by: Shri G.Baskar, Advocate ORDER Duvvuru Rl Reddy, By means of present miscellaneous petition, the Revenue seeks to recall the order passed by the Tribunal in I.T.A. No. 1224/Mds/2016 dated 29.07.2016 for the assessment year 2003-04. By referring to the petition, the ld. DR has submitted that the above appeal was dismissed on less tax ....

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....h sides, perused the materials available on record. In this case, the return of income filed by the assessee was processed under section 143(1) of the Income Tax Act, 1961 ["Act" in short] on 05.02.2004. Subsequently, notice under section 148 of the Act was issued on 19.05.2006 and duly served on the assessee. In response thereto, the assessee in its letter dated 23.06.2006, stated that the origin....

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....dmittedly, the tax effect in the original appeal filed by the Revenue was less than the monetary limit of Rs..10,00,000/- fixed by the CBDT to file an appeal by the Revenue before the Tribunal as per the CBDT Circular No. 21/2015 dated 10.12.2015, which was accepted by the ld. DR. Thus, the Tribunal held that the Revenue authorities are precluded from filing the appeal before the Tribunal since th....

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....015 issued by CBDT is not applicable. 6. Further, we find that against dismissal of the Miscellaneous Petition filed by the Revenue in the case of DCIT v. Paragon Steels Pvt. Ltd. in M.P. No. 214/Mds/2016 [in I.T.A. No. 887/Mds/2015] dated 03.03.2017, the Revenue preferred further appeal before the Hon'ble Madras High Court in T.C.A. No. 579 of 2017. While dismissing the appeal filed by the Rev....