TMI Blog2020 (6) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... interest itself is in dispute, is ₹ 50,00,000 or less. In view of the above factual background and the concession by this CBDT circular, this appeal must be dismissed as withdrawn. 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.The circular dated 8th August 2019 is not a standalone circular. It is to be read in conjunction with the CBDT circular No. 3/2018 (and subsequent amendment thereto), and all it does is to replace paragraph nos. 3 and 5 of the said circular. Appellant shall be at liberty to point out the case so summarily dismissed, either owing to wro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew of the above factual background and the concession by this CBDT circular, this appeal must be dismissed as withdrawn. 5.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 the CBDT circular No. 3/2018 (and subsequent amendment thereto), and all it does is to replace paragraph nos. 3 and 5 of the said circular. This is evident from the following extracts from the circular dated 8th August 2019: 2. As a step towards further management of litigation, it has been d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tary 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 year 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. In case where a composite order/ judgement involves more than one assessee, each assessee shall be dealt with separately 4. The said modifications shall come into effect from the date of issue of this Circular. 7. Clearly, all other portions of the circular no.3 of 2018 (supra) have remained intact. The portion which has remained intact includes paragraph 13 of the aforesaid circul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of tax effect or owning to such case being covered by the permissible exceptions- or for any other reason, and we will take appropriate remedial steps in this regard. Under these circumstances, we find that there is merits in the submissions of the Departmental Representative. We are of the considered opinion that the Assessing Officer is at liberty to examine the payments made to non-residents, as the materials are called for and to examine the payments made in the nature of reimbursement of freight charges. 10. In the circumstances, respectfully following the principles laid down by the Hon ble Supreme Court in the case of Commissioner of Income Tax-5,New Delhi Vs. Keshav Power Ltd., referred to supra and in the light of the above ..... X X X X Extracts X X X X X X X X Extracts X X X X
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