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2008 (8) TMI 344 - HC - Income TaxAppeal before ITAT – binding nature of CBDT circular – held that - that simply because the appeal is filed by the Department in contravention of the circular, the Tribunal is not bound to decide the appeal on the merits. Due weightage should invariably be given by the Tribunal to the circular issued by the Board. Even otherwise, the newly inserted provisions contained in section 268A(4) make it obligatory for the Tribunal to consider such circular. It is not open for the Department to contend that circulars are internal matters of the Department and the assessee cannot object to filing of an appeal on the basis of such circular. - It is also true that when the hon’ble Supreme Court or the territorial High Court have declared the law on a question, it is not open to the Tribunal to direct that the circular issued by the Board prescribing the monetary limit should be given effect to and not the decision of the hon’ble Supreme Court or the territorial High Court.
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