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2019 (9) TMI 43

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..... als and merely support the order of the CIT(A), the cross objections filed by the assessee are also dismissed as infructuous - 1308/Chny/2017, 2690/Chny/2016, 2066/Chny/2017, 3439/Chny/2018, 3440/Chny/2018, 3441/Chny/2018, 3442/Chny/2018, 72/Chny/2019, 73/Chny/2019, CO No.27/Chny/2019 (in ITA No.72/Chny/2019), CO No.28/Chny/2019 (in ITA No.73/Chny/2019) - - - Dated:- 26-8-2019 - Shri Duvvuru R.L. Reddy, Judicial Member And Shri S. Jayaraman, Accountant Member For the Appellant : Mr. R.Clement Ramesh Kumar, Addl.CIT, Mr.Sailendra Mamidi, PCIT For the Respondent : Mr. R.Venkatesh, FCA, Mr.N.Arjun Raj, CA, Mr.M.Muraleedhara Reddy Mr.V.Nagaprasad, Advs. ORDER .....

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..... sessee in the cases in which overall tax effect, excluding interest except when interest itself is in dispute, is ₹ 50,00,000 or less. 4. In view of the above factual background and the concession by this CBDT circular, all these appeals must be dismissed as withdrawn and the related cross objections must be dismissed as infructuous. 5. This circular, only enhances the monetary limits and gives further relaxation. The old circular, beyond any dispute or controversy, categorically applied to the pending appeals as on the date of issuance of circular. 6. The circular dated 8th August 2019 is not a standalone circular. It is to be read in conjunction with th .....

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..... 5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of everyassessee. If in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para-3. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment .....

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..... ns of law open . 9. The Learned Commissioner (DR) submits liberty may kindly be given to point out, upon necessary further verifications, and to seek recall the dismissal of appeals and restoration of the appeals in the cases (i) in which it can be demonstrated that the appeals are covered by the exceptions, and (ii) which are inadvertently included in this bunch of appeals, wherein the tax effect, in terms of the CBDT circular (supra), exceeds ₹ 50,00,000/-. None opposes this prayer; we accept the same. We make it clear that the appellants shall be at liberty to point out the cases which are wrongly included in the appeals so summarily dismissed, either owing to wrong computation of tax ef .....

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