Which sections of the Income Tax Act does Commissioner of Customs v. Indian Oil Corporation Ltd. come up under?

It is most often cited in judgments turning on Section 143(2), Section 143(3), Section 147, Section 142(1), Section 119, Section 144.

Commissioner of Customs v. Indian Oil Corporation Ltd.

Q: How many judgments cite Commissioner of Customs v. Indian Oil Corporation Ltd.?

501 judgments on BharatTax cite Commissioner of Customs v. Indian Oil Corporation Ltd. (267 ITR 272), spanning 2015 to 2026.

267 ITR 272Supreme Court of India2004#135 most cited

What is Commissioner of Customs v. Indian Oil Corporation Ltd. authority for?

CBDT and CBEC circulars, along with administrative instructions, are binding on departmental authorities, who must not act in contravention of them. However, these circulars and instructions are not binding on courts or assessees.

501

judgments rely on this decision, according to BharatTax’s citation analysis of 366,421 Indian tax judgments — from 2015 to 2026.

Also referred to as

Commissioner of Customs v. Indian Oil Corporation Ltd. · 267 ITR 272 · CBDT circulars binding on department · CBEC circulars binding on department · administrative instructions · departmental authorities bound · not binding on assessee · not binding on court · Section 119 Income-tax Act

Also reported as

136 Taxmann 491

Sections most often in play

Section 143(2)Section 143(3)Section 147 Section 142(1)Section 119 Section 144 Section 250 Section 292B

Read the full judgment

Issues it is cited on

prescribed india

Judgments citing Commissioner of Customs v. Indian Oil Corporation Ltd.

Income Tax Officer, Burdwan vs. Nandanpur Samabay Krishi Unnayan Samity Ltd, Burdwan

In the result, both the appeals of the Revenue are dismissed

ITA 515/KOL/2024[2013-14]Status: DisposedITAT Kolkata04 Sept 2024AY 2013-14

Bench: the appellate proceedings, or in the course of appellate proceedings.”

Section 143(3)Section 250Section 56Section 80P

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. 6. The ld. DR has also fairly stated that tax effect involved in appeals are less than the prescribed limit. 7. In view of above stated position, the appeals of the Revenue are dismissed because of low tax effect than the prescribed limits as per CBDT Cir…

Income Tax Officer, Haldia vs. Contai Cooperative Agriculture and Rural Development Bank Limited, Contai

In the result, the appeal of the Revenue is dismissed

ITA 597/KOL/2024[2015-16]Status: DisposedITAT Kolkata02 Sept 2024AY 2015-16

Bench: us is less than Rs.50 lacs as the prescribed in the CBDT’s latest Circular No.17/2019 dated 08.08.2019. It will be pertinent to reproduce the relevant portion of the said Circular as follows:- “2 . As a step toward further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of

Section 143(3)Section 250Section 80P

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. 6. The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit. 7. In view of above stated position, the appeal of the Revenue is dismissed because of low tax effect than the prescribed limits as per CBDT Circula…

Income Tax Officer, Burdwan vs. Panchra Union Co Operative Agricultural Credit Society Limited, Burdwan

In the result, both the appeals of the Revenue are dismissed

ITA 518/KOL/2024[2018-19]Status: DisposedITAT Kolkata28 Aug 2024AY 2018-19

Bench: the appellate proceedings, or in the course of appellate proceedings.” 3. The Revenue has raised the following grounds of appeal in ITA No. 518/Kol/2024: “1 Whether on the facts and circumstances of the case and in law, the Ld. CIT(A), NFAC is justified in deleting the addition made by the AO disallowing deduction u/s 80P of the Act in spite of the fact that the assessee-society had claimed interest income, (by investing surplus or idle funds) earned on F.D/T.D as profit and gains of busine

Section 143(3)Section 250Section 56Section 80P

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. 7. The ld. DR has also fairly stated that tax effect involved in appeals are less than the prescribed limit. 8. In view of above stated position, the appeals of the Revenue are dismissed because of low tax effect than the prescribed limits as per CBDT Cir…

Income Tax Officer, Burdwan vs. Panchra Union Co Operative Agricultural Credit Society Limited, Burdwan

In the result, both the appeals of the Revenue are dismissed

ITA 517/KOL/2024[2017-18]Status: DisposedITAT Kolkata28 Aug 2024AY 2017-18

Section 143(3)Section 250Section 56Section 80P

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. 7. The ld. DR has also fairly stated that tax effect involved in appeals are less than the prescribed limit. 8. In view of above stated position, the appeals of the Revenue are dismissed because of low tax effect than the prescribed limits as per CBDT Cir…

DCIT, Cir-2, Asansol, Aayakar Bhawan vs. Hlg Memorial Hospital Pvt. Ltd., Sen-Raleigh Road, Asansol

In the result, the appeal filed by the Revenue is dismissed

ITA 1167/KOL/2023[2014-15]Status: DisposedITAT Kolkata21 Feb 2024AY 2014-15

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2014-15

For Appellant: Shri C. Roy, ARFor Respondent: Shri Gautam Patra, Addl. CIT (DR)

Section 143(3)

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble Apex Court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) 3 HLG Memorial Hospital Pvt. Ltd., AY 2014-15 has settled the law that CBDT’s circulars are very much binding on revenue authorities. 4. We find from the records before us that the tax involved in the disputed issue in this appeal is below Rs.50 lakhs amounting to Rs.19,76,338/-and therefore, in view of the CBDT Circular No. 17/2019 dated 0…

Shri Arun Agrawal, Raipur vs. Assistant Commissioner of Income Tax-3(1), Raipur

In the result, the appeal of the assessee is allowed in terms of the aforesaid observations

ITA 214/RPR/2023[2010-11]Status: DisposedITAT Raipur16 Oct 2023AY 2010-11

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 214/Rpr/2023 "नधा"रण वष" / Assessment Year : 2010-11 Shri Arun Agrawal 85, Pandri Textile Market, Raipur-492 001 (C.G.) Pan :Acjpa2323D .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax-3(1), Raipur (C.G.)

For Appellant: Shri Veekaas S. Sharma, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR

Section 132Section 147Section 148Section 153CSection 69

…than that prescribed in the said instruction. Our aforesaid view is fortified by the Judgments of the Hon’ble Supreme Court in the case of UCO Bank Vs. CIT (1999) 237 ITR 889 (SC) and Commissioner of Customs etc. Vs. Indian Oil Corporation Ltd. & Anr. (2004) 267 ITR 272 (SC). In the aforesaid judgments it was held by the Hon’ble Apex Court that though the CBDT/CBEC circulars are not binding on court or the assessee, but the departmental authorities are bound by them and cannot act in contravention of the same. Also, support is drawn from the judgment of the Hon’ble High Court of Chhattisgarh in the case of Dy. C…

Bharat Bhushan Verma, Raipur vs. Income Tax Officer-1(2), Raipur

In the result, the assessee's appeal is allowed in terms of the observations above

ITA 236/RPR/2023[2015-16]Status: DisposedITAT Raipur11 Oct 2023AY 2015-16

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 236/Rpr/2023 "नधा"रण वष" / Assessment Year : 2015-16 Bharat Bhushan Verma Main Road, Verma Transport Bharat, Baikunth, P.O.-Baikunth, Raipur (C.G.)-493 116 Pan : Acdpv7254J .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Oficer-1(2), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR

Section 119Section 143(2)Section 143(3)Section 2

Smt. Soni Jha, Raipur vs. Income Tax Officer, Ward-1(2), Raipur

In the result, the assessee's appeal is allowed for statistical purposes in terms of my observations above

ITA 118/RPR/2023[2013-14]Status: DisposedITAT Raipur11 Oct 2023AY 2013-14

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 118/Rpr/2023 "नधा"रण वष" / Assessment Year : 2013-14 Smt. Soni Jha 11, 557, Om Shanti Nagar, Pt. Dindayal Upadhyay Nagar, Naya Talab, Gadhiyari, Raipur-492 001 (C.G.) Pan : Arcpj5940M .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward-1(2), Raipur (C.G.) ……""यथ" / Respondent

For Appellant: Shri Veekass S. Sharma, CAFor Respondent: Shri Choudhary N. C Roy, Sr. DR

Section 143(2)Section 147Section 148Section 69

…of notice u/s.143(2) of the Act dated 15.09.2021 was rendered as invalid. The Ld. AR, in support of his aforesaid contention, had relied on the following judicial pronouncements: (i) Commissioner of Customs Etc. Vs. Indian Oil Corporation Ltd. & Anr., (2004) 267 ITR 272 (SC) (ii) Commissioner of Income Tax Vs. Crystal Phosphates Ltd. (2023) 332 CTR ( P & H) 215 (iii) Assistant Commissioner of Income Tax Vs. Serajuddin & Co. (2023) 7 NYPCTR 483 (Orissa) (iv) K.M Mammen Vs. Pr. Commissioner of Income Tax & Ors. (2022) 327 CTR 170 ( Mad.) (v) K.M Mammen Vs. Director General of Income Tax (Investigation) & Ors. (202…

Manikrao Amrutrao Satav, Pune vs. The Deputy Commissiner of Income Tax Circle-12, Pune

In the result, the appeal of the assessee is ALLOWED

ITA 391/PUN/2023[2016-17]Status: DisposedITAT Pune07 Aug 2023AY 2016-17

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliआयकर अपऩल सं. / Ita No.391/Pun/2023 निर्धारण वर्ा / Assessment Year : 2016-17 Manikrao Amrutrao Satav, At Post Wagholi, Tal.Haveli, Nr. Jain College, Wagholi – 412207. Pan: Banps2490G . . . . . . . अपीलार्थी / Appellant

For Appellant: Smt Deepa KhareFor Respondent: Shri Ramnath P Murkunde

Section 143(3)Section 250Section 69A

…rsons employed in the execution of the Act therefore any action or proceedings outstepping the scope shall render unlawful. Consistently same view has been propounded in plethora of judicial precedents including the cases reported in 187 CTR (SC) 297 : (2004) 267 ITR 272 (SC) ‘CoC Vs Indian Oil Corporation Ltd.’ and 343 ITR 270 ‘Catholic Syrian Bank Vs. CIT’, and 295 ITR 0256 & 169 taxmann 0004 ‘CIT Vs Best Plastics (P) Ltd.’ and 120 taxmann.com 167 ‘CIT Vs Padmavati’ etc. 6. In the present case, the Ld. AO made the impugned addition of ₹30,00,000/- made u/s 69A of the Act not falling within the scope of limited…

ITO, Ward-4(1), Kolkata vs. Madhusudan Barter Pvt. Ltd., Kolkata

The appeal of the Revenue is dismissed because of low tax effect than the prescribed limits as per CBDT Circular No

ITA 61/KOL/2021[2012-13]Status: DisposedITAT Kolkata03 Aug 2023AY 2012-13

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2012-13 Ito, Ward-4(1), Kolkata Madhusudan Barter Private Limited Vs 14, N.S. Road, 1St Floor, Kolkata- 700001. Pan: Aagcm 5938 E (Appellant) (Respondent) Present For: Assessee By : Shri Soumitra Choudhury, Advocate Revenue By : Shri Sunil Kumar Agarwala, Cit, Dr Date Of Hearing : 02.08.2023 Date Of Pronouncement : 03.08.2023 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Filed By The Revenue Is Directed Against The Order Dated 22.09.2020 Of The Commissioner Of Income Tax (Appeals)-7, Kolkata [Hereinafter Referred To As The ‘Cit(A)].

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Sunil Kumar Agarwala, CIT, DR

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. 3. The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit. 3 Madhusudan Barter Private Limited A.Y. 2012-13 4. In view of above stated position, the appeal of the Revenue is dismissed because of low tax ef…

Mickey Shrivastva, Raipur vs. Assistant Commissioner of Income Tax -3(1), Raipur

In the result, appeal of the assessee is allowed

ITA 122/RPR/2019[2012-13]Status: DisposedITAT Raipur12 Jul 2023AY 2012-13

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

For Respondent: Shri Piyush Tripathi, Sr. DR

Section 143(3)Section 194C(5)Section 253Section 40a

…Raipur, ld. AR submitted that the assessment framed by the AO on the basis of invalid notice issued u/s.143(2) of the Act, deserves to be quashed. To support his contentions, ld. AR relied on the following case laws :- i) Indian Oil Corporation Ltd., [21004] 267 ITR 272 (SC); ii) Amal Kumar Ghosh [2014] 361 ITR 458 (Cal HC); Crystal Phosphates Ltd. [2023] 332 CTR 215 (P&H HC); iii) iv) Sunita Finlease Ltd. [2011] 330 ITR 491 (Chhattisgarh HC); v) Ravi Sherwani, ITA No.64/RPR/2020, order dated 29.05.2023; vi) Sudhir Kumar Agrawal, ITA No.158/RPR/2017, order dated 17.10.2022/[2023] 221 TTJ 687 (Raipur-Trib); and v…

M/S Mata Road Carriers, Raipur (Cg) vs. The Deputy Commissioner of Income Tax, Raipur (Cg)

In the result, appeal of the assessee is allowed

ITA 79/BIL/2016[2011-12]Status: DisposedITAT Raipur10 Jul 2023AY 2011-12

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

For Respondent: Shri N.C.Roy, Sr. DR

Section 143(2)Section 143(3)

Shri Amarjeet Singh Bhatia, Raipur vs. Assistant Commissioner of Income Tax, Circle 3(1), Raipur

In the result, appeal of the assessee is allowed in terms of our observations hereinabove

ITA 63/RPR/2018[2007-08]Status: DisposedITAT Raipur07 Jul 2023AY 2007-08

Bench: SHRI RAVISH SOOD (Judicial Member), SHRI ARUN KHODPIA (Accountant Member)

For Appellant: Shri Sunil Kumar AgrawalFor Respondent: Shri Piyush Tripathi, Sr. DR

Section 119Section 143(2)Section 143(3)Section 147Section 148Section 151

…d, therefore, the order remained on the basis of such reopening was also void ab initio and needs to be struck down. In this regard, reliance can be placed on the decision of Hon’ble Supreme Court in the case of Indian Oil Corporation Ltd., reported in (2004) 267 ITR 272 (SC), wherein the Hon’ble Supreme Court, considering various earlier judgments, has held that the circulars/ instructions issued u/s.119 of the IT Act are binding on the revenue. The relevant observations of the Hon’ble Supreme Court are as under:- 7. This Court has, in a series of decisions, held that circulars issued under Section 119 of the In…

Raj Chetankumar Bhajiyawala, Surat vs. Income Tax Officer, Ward-1(2)(1), Surat

In the result grounds of appeal raised by the assessee are allowed

ITA 290/SRT/2023[2017-18]Status: DisposedITAT Surat03 Jul 2023AY 2017-18

Bench: Shri Pawan Singh(Virtual Hearing) Raj Chetankumar Bhajiyawala, I.T.O., 2/4475, Shivdas Zaveri Ni Sheri, Ward-1(2)(1), Vs. Sangrampura, Surat-395002. Surat. Pan No. Bhspb 5211 J Appellant/ Assessee Respondent/ Revenue

Section 115BSection 254(1)Section 68

…ascertain whether the same is explained or not. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. 12. Considering t…

Ravi Sherwani, Raipur vs. Assistant Commissioner of Income Tax -4(1), Raipur

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 64/RPR/2020[2013-14]Status: DisposedITAT Raipur29 May 2023AY 2013-14

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 64/Rpr/2020 "नधा"रण वष" / Assessment Year : 2013-14 Ravi Sherwani H-26, Rajeev Nagar, Raipur (C.G.)-492 001 Pan: Azbps6703J .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax-4(1), Raipur (C.G.)

For Appellant: Shri Sunil Kumar Agrawal, CAFor Respondent: Shri Piyush Tripathi, Sr. DR

Section 142(1)Section 143(2)Section 143(3)

…Circulars/Instructions are without choice binding upon the department had relied on the judgments of the Hon’ble Supreme Court in the case of UCO Bank Vs. CIT (1999) 237 ITR 889(SC) and Commissioner of Customs Etc. Vs. Indian Oil Corporation Ltd & Anr. (2004) 267 ITR 272 (SC). On a specific query by the bench as to whether the 9 Ravi Sherwani Vs. ACIT-4(1), Raipur assessee as per the mandate of sub-section (3) of Section 124 had called in question the jurisdiction of the A.O i.e. the ITO-1(3), Raipur within the stipulated time period of one month from the date on which he was served with the notice u/s. 143(2),…

ACIT, Circle-1(1), Muzaffarpur vs. Virendra Kumar Singh, East Champaran

The appeal of the Revenue is dismissed because of low tax effect than the prescribed limits as per

ITA 220/PAT/2019[2012-13]Status: DisposedITAT Patna02 May 2023AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.220/Pat/2019 Assessment Year: 2012-13 Acit, Circle-1(1), Kolkata....…………....….........…..........….…… Appellant Vs. Virendra Kumar Singh.............…………........….....…...…..…..... Respondent Parsurampur, Via-Damodarpur, East Champaran-842005. [Pan: Aknps3231J] Appearances By: None Appeared On Behalf Of The Appellant. Shri Rupesh Agrawal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 02, 2023 Date Of Pronouncing The Order : May 02, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 14.06.2019 Of The Commissioner Of Income Tax (Appeals), Muzzafarpur [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. It Is Seen, At The Outset, That The Tax Effect On The Disputed Additions Before Us Is Less Than Rs.50 Lacs As The Prescribed In The Cbdt’S Latest Circular No.17/2019 Dated 08.08.2019. It Will Be Pertinent To Reproduce The Relevant Portion Of The Said Circular As Follows:- “2 . As A Step Toward Further Management Of Litigation, It Has Been Decided By The Board That Monetary Limits For Filing Of Appeals In Income- Tax Cases Be Enhanced Further Through Amendment In Para 3 Of The Circular Mentioned Above & Accordingly, The Table For Monetary Limits Specified In Para 3 Of The Circular Shall Read As Follows:

Section 250

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. I.T.A. No.220/Pat/2019 Assessment Year: 2012-13 Virendra Kumar Singh 3. The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit. 4. In view of above stated position, the appeal of the Revenue is dismissed be…

ITO, WD-43(4), Kolkata vs. Sri Ritesh Kumar Boyed, Kolkata

The appeal of the Revenue is dismissed because of low tax effect than the prescribed limits as per

ITA 1079/KOL/2015[2007-2008]Status: DisposedITAT Kolkata19 Apr 2023AY 2007-2008

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1079/Kol/2015 Assessment Year: 2007-08 Ito, Ward-43(4), Kolkata....………..….........…..........….…… Appellant Vs. Ritesh Kumar Boyed….............……........….....…...…..…..... Respondent 108/110, B.T. Road, Kolkata-700108. [Pan: Aeapb7186C] Appearances By: Shri Siddharth Agarwal, Adv., Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 19, 2023 Date Of Pronouncing The Order : April 19, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Revenue Against The Order Dated 19.05.2015 Of The Commissioner Of Income Tax (Appeals)- 13, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. It Is Seen, At The Outset, That The Tax Effect On The Disputed Additions Before Us Is Less Than Rs.50 Lacs As The Prescribed In The Cbdt’S Latest Circular No.17/2019 Dated 08.08.2019. It Will Be Pertinent To Reproduce The Relevant Portion Of The Said Circular As Follows:- “2 . As A Step Toward Further Management Of Litigation, It Has Been Decided By The Board That Monetary Limits For Filing Of Appeals In Income- Tax Cases Be Enhanced Further Through Amendment In Para 3 Of The Circular Mentioned Above & Accordingly, The Table For Monetary Limits Specified In Para 3 Of The Circular Shall Read As Follows:

Section 250

…materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. I.T.A. No.1079/Kol/2015 Assessment Year: 2007-08 Ritesh Kumar Boyed 3. The ld. DR has also fairly stated that tax effect involved in appeal is less than the prescribed limit. 4. In view of above stated position, the appeal of the Revenue is dismissed bec…

Assissant Commissioner of Income Tax, Central Circle-2, Surat vs. Shri Prabodhchandra Jayantilal Patel, Surat

In the result, the appeal of the Revenue is dismissed

ITA 258/SRT/2022[143(3)]Status: DisposedITAT Surat06 Apr 2023

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) Acit, Central Circle-2, Vs. Shri Prabodhchandra Jayantilal Patel, Surat. 297, Hari Nagar-3, Opp. B.R.C. Gate, Udhana, Surat – 394210. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afvpp7466F

Section 143(3)

…fect by the revenue is less than Rs.50,00,000/-. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. The appeal under…

Mr. Ullal Kakketota Bava, Mangaluru vs. The Deputy Commissioner of Income Tax, Central Circle-1, Mangaluru

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1013/BANG/2022[2014-15]Status: DisposedITAT Bangalore17 Mar 2023AY 2014-15

Bench: Shri George George K., Jm & Shri Laxmi Prasad Sahu, Am

For Appellant: Sri Surya Tejas, AdvocateFor Respondent: Sri. Sunil Kumar Singh, CIT-DR

Section 132Section 139(1)Section 143(1)Section 153ASection 69A

…. It is a settled law that the circulars/instructions issued by the CBDT is binding on the revenue. This position was confirmed by the Hon’ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., reported in [2004] 136 taxman 491/267 ITR 272. During the course of hearing, the ld.AR submitted that there were female family members also in his family but he was not able to prove number of family members of the assessee, accordingly, the assessee is eligible for the benefit of the instruction noted (supra). Since in this case, it is not clear as how many family members are in the family…

Mayur Asheshbhai Joshi Prop. Shrushti Enterprise, Surat vs. Income Tax Officer, Ward, - 2(3)(8), Surat

In the result the ground No

ITA 170/SRT/2021[2013-14]Status: DisposedITAT Surat30 Dec 2022AY 2013-14

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

Section 143(3)

…ase, the tax effect is less than Rs.50,00,000/-. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs vs Indian Oil Corporation Ltd., reported in 267 ITR 272, wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. The appeal under…