2020 (1) TMI 1400

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Parin Shah, appeared for the Assessee. Ld.DR Dileep Kumar Sr.DR appeared for the Department. It is pleaded in the application that the revenue audit objection was accepted by the Department and thereafter assessment order u/s.143(3) r.w.s.147 of the I.T.Act, 1961 was made. Further, the Ld.CIT(A) vide No.CIT(A)- 3/ACIT, Circle 3(3)/17-18 dated 19/11/2018 has restricted the disallowance made u/s.14A of Rs. 44,35,176/- to Rs. 4,61,744/-. 3. Dissatisfied with the order of the CIT(A), the Revenue came up in appeal before the Tribunal. The Tribunal dismissed the appeal of the Revenue vide order dated 03/12/2018. The Tribunal was of the view that tax effect involved in this case is less than Rs. 20 lakhs because the tax relief granted by the C....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....anner. The relevant para-3 of Circular No.17 reads as under:- "3. However, it has been noticed that para 8(c) of Circular No.21/2015, regarding cases where addition made on account of Revenue Audit Objection is deleted, is being erroneously interpreted and appeals are being mechanically filed by the Department without proper examination of the case on merits. This is contrary to the instructions contained in Circular No.21/2015 and Circular No.8/2016. It is therefore, clarified that the import and intent of para 8 of the Circular No.21/2015 is that even on issues mentioned in the said para, appeals against the adverse judgment should only be filed on merits." 5.1. We have also confronted with the Ld.DR with the judgment of Hon'b....