Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2020 (3) TMI 869

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 19 and has dismissed the appeal holding since the tax effect involved in the matter is less than ₹ 2 crores, going by the latest circular issued by the CBDT, we see no reason to interfere in this matter. The Special Leave Petition is dismissed, leaving all the questions of law open - The appeal filed by the Revenue is found to be non-maintainable. - ITA No. 60/CTK/2020 - - - Dated:- 1 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... unit' at the rate of 50% instead of 40% for the A.Y.2007-08. 3. On the fact and circumstances of the case, the Ld. CIT(A), Sambalpur is not justified in allowing depreciation on Electrical fitting at the rate of 15% instead of 10% for the A.Y.2007-08. 4. On the fact and circumstances of the case, the Ld. CIT(A), Sambalpur is not justified in deleting the addition of ₹ 11,49 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... o decide the appeal of the revenue exparte the respondent qua assessee after hearing ld D.R. and on the basis of materials available on record. 5. I have heard the submissions of ld D.R. and perused the record of the case. I find that the CBDT in its circular No.17/2019 in F.No.279/Misc.142/2007-ITJ(Pt) dated 8th August, 2019, has liberalized its policy for not filing appeals against the decis .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... all it does is to replace paragraph nos. 3 and 5 of the said circular. 8. The Hon'ble Supreme Court in the case of The Commissioner of Income Tax-5,New Delhi Vs. Keshav Power Ltd., in SLP No.21497/2019 dated 16.08.2019 reported in 2019(8)TMI 811(SC) has also applied the Circular No.17/2019 dated 08.08.2019 and has dismissed the appeal holding as follows: Since the tax effect involved .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ich is wrongly included in the appeal so summarily dismissed, either owing to wrong computation of tax effect or owning to such cases being covered by the permissible exceptions or for any other reason, and we will take appropriate remedial steps in this regard. 11. In the circumstances, respectfully following the principles laid down by the Hon ble Supreme Court in the case of the Commissione .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates