TMI Blog2013 (5) TMI 688X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court in case of CIT v. Concord Pharmaceuticals [2008 (8) TMI 344 - GUJARAT HIGH COURT] held that the instructions issued in the said circular dated 9.2.2011 are binding on the department. Thus an appeal which is filed ignoring said directives would not be maintainable. Such is the view taken by various High Courts. In the result, tax appeal is dismissed only on this ground. - TAX APPEAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h there is delay in payment of such interest to the assessee which also gets support from the ITAT, Ahmedabad's decision in the case of Nirma Chemical Works Ltd. v. Joint CIT [2009] 125 TTJ (Ahd.)(TM) 487? (2) Although the tax effect involved is below the monetary limit prescribed by Board vide Instruction No.3/2011 dated 09.02.2011, case falls in the exception laid down in clause (a) of Pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid circular subject to which a tax appeal even though involving tax effect lower than that prescribed in the circular, Revenue could carry the matter further in appeal. Such exceptions read as follows : "8. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rged that decision of the Tribunal is palpably erroneous. 5. This in our view would not enable the Revenue to ignore the conditions of the circular dated 9.2.2011 and file appeal which is other-wise not envisaged in the said circular. This Court in case of CIT v. Concord Pharmaceuticals [2009] 317 ITR 395 held that the instructions issued in the said circular dated 9.2.2011 are binding on the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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