2021 (2) TMI 346

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....5.11.2018 on account of tax effect of less than Rs. 20.00 lakhs, being lower than the monetary tax limit prescribed in CBDT's Circular No.03 of 2018. The Revenue was given liberty to move appropriate application, if the tax effect is discovered to be more than the prescribed limit or the case is covered by any exception of CBDT Circular dated 20.08.2018. The Revenue further stated that though the tax effect in the present appeal is less than the monetary limit, however, present appeal is covered by exception (c) of para-8 of letter no. F.No. 279/Misc/ 142/2007-ITJ (Pt) dated 20.08.218 as the assessment was reopened on the basis of Audit Objection. 2. The ld. Departmental Representative (DR) for the Revenue made her submission on simil....

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.... for the assessee relied on the CBDT Circular No. 5/2017 dated 23.01.2017, decision of Ahmedabad Tribunal in MA No.220/AHD/2019 in ACIT Vs. Hanubhai R.Sangani dated 06.01.2020, MA No.332/AHD/2019 in ITO Vs. Ashokkumar H.Bhavshah dated 06.01.2020 and MA No.389, 394, 399/AHD/2019 in ITO Vs. Bhavi Tours and Travels dated 11.03.2020 and Hon'ble Bombay High Court in PCIT Vs Nawany Construction Co P Ltd (2018) 98 taxmann.com 294 (Bombay). 4. We have considered the submissions of both the parties and perused the material available on record accordingly. The Tribunal dismissed the appeal of the revenue, vide order dated 15.11.2018 due to low tax effect in view of CBDT Circular No. 3 of 2018 dated 11.07.2018. Now, the Revenue has raised the p....

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....of the Hon'ble Bombay High Court has held as under: "8. It is conceded that while seeking to restore Income Tax Appeal No.254 of 2013 on the file of this Court, neither the Revenue's Circular dated 11-7-2018 is referred nor any condition therein. If the condition now relied upon is with regard to the Revenue Audit Objection, then, mere raising of this objection in terms of this Circular is not enough. The Revenue will have to point out that this audit objection has been accepted by the Department. We have no such record before us. 9. In the circumstances, we find that this is an attempt to get over the binding Circulars and in any case we shall not allow the Revenue to get over them in this manner. The Circulars continue t....