| The Tax Publishers2020 TaxPub(DT) 1699 (Ctk-Trib) INCOME TAX ACT, 1961
Section 254
In view of CBDT Circular No. 17/2019, dated 8-8-2019, appeal of revenue was not maintainable and was dismissed as not maintainable because of lower tax effect.
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Appeal (Tribunal) - Maintainability - Lower tax effect -
Assessee contended that tax effect in instant appeal of revenue was below Rs. 50 lakhs and, therefore, in view of CBDT Circular No. 17/2019, dated 8-8-2019, same was not maintainable and should be dismissed. Held: Supreme Court in case of Keshav Power Ltd., applied Circular No. 17/2019 dated 08-08-2019, and dismissed appeal holding as since tax effect involved in matter was less than Rs. 2 crores, going by latest circular issued by CBDT, no reason was there for interference. Following the aforesaid appeal of revenue was dismissed as non-maintainable.
Followed:Pr. CIT v. Keshav Power Ltd. [SLP No. 21497/2019, dated 16-8-2019] : 2019 TaxPub(DT) 6279 (SC)
REFERRED : S. Shanmugavel Nadar v. State of Tamil Nadu & Anr. (2002) 263 ITR 658 (SC), CIT v. Jagat Novel Exhibitors (P.) Ltd. (2013) 356 ITR 559 (Del) : 2012 TaxPub(DT) 1643 (Del-HC), Srinivasa Pitti and Sons v. CIT (1988) 173 ITR 306 (AP) : 1988 TaxPub(DT) 1031 (AP-HC), CIT v. Chandulal (1985) 152 ITR 238 (AP) : 1985 TaxPub(DT) 0587 (AP-HC), Sky Light Hospitality LLP v. Asstt. CIT (2018) 254 Taxman 0390 (SC) : 2018 TaxPub(DT) 1823 (SC), CIT & Anr. v. M/s. SSA'S Emerald Meadows (2016) 73 taxmann.com 248 (SC) : 2016 TaxPub(DT) 4242 (SC).
FAVOUR : In assessee's favour
A.Y. :
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