INCOME TAX ACT, 1961

Section 254

Appeal (Tribunal) - Validity of order - Original appeal dismissed on account of lower tax effect -

Issue arose as to whether Tribunal was justified in dismissing Miscellaneous application of revenue without discussing merits. Revenue's appeal was dismissed due to lower tax effect. Held: Only item which could be possibly related was para No. 10 of CBDT Circular No. 03 of 2018 dt. 11-7-2018. The only point to which this argument can be relatable is Clause 10 (b). When counsel was asked that any Notification, Order, Instruction or Circular was held to be illegal or ultra vires, her argument was that though no Order, Notification, Instructions or Circular has been held to be legal or ultra vires but effect of the said Circular has not been correctly understood. It was held that, it is beyond the exception clause count down by the Circular.

REFERRED :

FAVOUR : In assessee's favour

A.Y. :

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