ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-1, JAMMU vs. MESERS KASHMIR STEEL ROLLING MILLS, JAMMU

The ld. Counsel for the assessees Sh. R. K. Gupta, CA has referred to the CBDT circular dated 8th August 2019 and demonstrated that as to how the appeals are not maintainable in the light of the CBDT circular dated 8th August 2019, whereby the income tax department has announced its policy decision not to file, or press, the appeals, before this Tribunal, against the appellate orders favourable to the assessee in the cases in which overall tax effect, including surcharge but excluding interest, is Rs 50,00,000 or less and thus, both these appeals are liable to be dismissed as withdrawn by the department.

Although, the Ld. DR has no objection, to the assessee request that these cases are covered by CBDT circular as above. However,he rquested that that the department may be given liberty to point out, upon necessary further verifications, and to seek recall of the dismissal of appeals and restoration if fall under given exceptions. We make it clear that the appellants shall be at liberty to point out the case which is wrongly disposed of summarily, either owing to wrong computation of tax effect. or owing to such cases being covered by the permissible exceptions, or for Assessment Year: 2010-11 any other reason, and we will take appropriate remedial steps in this regard. In the above view, considering the CBDT Circular dated 8th August, 4. 2019, both these appeals, involving tax effect of Rs 50 lakhs or less than, are hereby dismissed as withdrawn.

In the result, the Revenue appeals are dismissed.