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2020 (5) TMI 358

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..... ORDER PER BENCH These appeals are filed by the Revenue against the consolidated order of the Commissioner of Income Tax (Appeals)- 2, Chennai in appeal Nos.81,70,82 231/2016-17, dated 31.12.2018, for the assessment years 2011-12, 2012-13, 2013-14 2014-15 and most importantly, the tax effect involved in all these four appeals does not exceed ₹ 50,00,000/-. 2. Mr.Sunderarajan represented on behalf of the Revenue and Mr.B.Ramakrishnan, represented on behalf of the assessee. 3. Vide CBDT circular No.17/2019 in F.No.279/Misc.142/2007- ITJ(Pt) dated 8th August, 2019, the income tax department has further liberalized its policy for not filing appeals against the decisions of the appellate authorities in favour of the t .....

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..... 77;) 1 Before Appellate Tribunal 50,00,000 2 Before High Court 1,00,00,000 3 Before Supreme Court 2,00,00,000 3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed. para 5 of the circular is substituted by the following para: 5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. .....

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..... e 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 has dismissed the appeal holding as follows: 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 . 8. 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 demonstrate .....

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