TMI Blog2018 (10) TMI 790X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary to the terms of the statute. The appeal under consideration has certainly been filed contrary to the Circular issued by the CBDT Circular No.3 dated 11.07.2018. The appeal filed by the Department, against the impugned order of the Ld. CIT(A), is contrary to the policy decision of the Department and as such the appeal filed by the Department is dismissed in limine. - I.T.(SS). A No. 26/Kol/2017 - - - Dated:- 5-10-2018 - Shri A. T. Varkey, JM And Shri M.Balaganesh, AM For The Appellant : Shri P.K. Srihari, CIT DR For The Respondent : Shri A.K. Tulsiyan, FCA ORDER Per M.Balaganesh, AM 1. This appeal by the Revenue arises out of the order of the Learned Commissioner of Income Tax(Appeals)-20, Kol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided on merits of the case. 4. For this purpose, 'tax effect' means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed (hereinafter referred to as 'disputed issues ). Further, 'tax effect' shall be tax including applicable surcharge and cess. However, the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount of interest shall be the tax effect. In cases where returned loss is reduced or assessed as income, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. The appeal under consideration has certainly been filed contrary to the Circular issued by the CBDT Circular No.3 dated 11.07.2018. 5.1. In the event, the Revenue finds at a later point of time that the tax effect in the appeal is more than ₹ 20 lakhs or despite low tax effect the appeal of the revenue is maintainable, the revenue is at liberty to move this Tribunal for recalling of this order. 6. In view of the above, we hold that the appeal filed by the Department, against the impugned order of the Ld. CIT(A), is contrary to the policy decision of the Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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