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The Commissioner of Income Tax Versus M.S Ideal Garden Complex Pvt. Ltd.

2016 (7) TMI 900 - MADRAS HIGH COURT

Applicability of Circular No. 1979 dated 27.03.2000 - excess liability allowed by mistake and rectified under Section 35 of the Wealth Tax Act - Tribunal ordered as no exceptional circumstances as provided in the above said circular was pointed out by the learned D.R. for filing this appeal before this Tribunal - Held that:- Though in the instant appeal, Revenue has assailed the correctness of the order of the Tribunal, inter alia on the grounds that the Tribunal has missed to note that the Reve .....

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ated:- 6-7-2016 - S. Manikumar And D. Krishnakumar, JJ. For the Appellant : Mr. J. Narayanaswamy For the Respondent : Mr. P.J. Rishikesh JUDGMENT ( Judgment of the Court was made by S. Manikumar, J) Instant Appeal is filed by the Revenue against the order in W.T.A. 82/Mds/2004 dated 16.12.2005, for the assessment year 1998-99. 2. Short facts leading to the appeal are that the respondent/ assessee is a Private Limited company, registered under the Companies Act. The main object of the assessee is .....

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), who decided the issue in favour of the assessee and against the department. The Revenue filed further appeal before the Income Tax Tribunal, which was also dismissed, on the ground that the same was not maintainable, since the tax effect was less than ₹ 1.00 lakh and as per CBDT Circular No. 1979 dated 27.03.2000. Seeking for an answer on the following substantial questions of law, this Tax Appeal has been filed. (a) Whether on the facts and in the circumstances of the case, the Income .....

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ied under Section 35 of the Wealth Tax Act ? 3. On this day, when the matter came up for hearing, inviting attention of this Court to the general ground (b), Mr. J. Narayanaswamy, learned Senior Standing Counsel for Income Tax Department, submitted that the Tribunal missed to note that wealth tax assessments are consequential to revenue audit objections raised and in such circumstances, the Tribunal ought not to have dismissed the appeal in W.T.A. 82/Mds/2004. 4. Per contra, inviting the attenti .....

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lable on records. 6. Before adverting to the rival contentions, this Court deems it fit to extract below, the CBDT Circular No. 1979 dated 27.03.2000 :- Board's Instruction No. 1979 - F. No. 279/126/98-ITJ dated the 27th March, 2000 read as Subject : Revising monetary limits for filing Departmental appeals/ references before Income-tax Appellate Tribunal, High Courts and Supreme Courts Measures for reducing litigation Regarding. Reference is invited to the Board's Instruction No. 1903, d .....

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y limits given hereunder : (Tax effect) Rs. (i)Appeal before the Appellate Tribunal (in income-tax matters) 1,00,000 (ii) Appeal under Section 260A/ reference under Section 256(2) before the High Court 2,00,000 (iii) Appeal in the Supreme Court 5,00,000 The new monetary limits would apply with reference to each case taken singly. In other words, in group cases, each case should individually satisfy the new monetary limits. The working out of monetary limits will therefore not take into considera .....

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utional validity of the provisions of the Act are under challenge. 4. Special leave petitions under Article 136 of the Constitution are filed before the Supreme Court only in consultation with the Ministry of Law. Therefore, where the Chief Commissioner decides to contest an adverse judgment by filing special leave petition before the Supreme Court, they should send the proposal to the Board for further processing. 5. These instructions will apply to litigation under other direct taxes also, e.g .....

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ue's appeal is less than ₹ 1,00,000/-. The CBDT in their circular No.1979 dated 27.3.2000 prescribed the monetary limit to ₹ 1,00,000/- for filing the appeal before this Tribunal. No exceptional circumstances as provided in the above said circular was pointed out by the learned D.R. for filing this appeal before this Tribunal. The circular of the CBDT binds on the Department. Therefore, the appeal ought not to have been filed before this Tribunal. Moreover, for the Assessment Yea .....

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