Commissioner of Customs v. Indian Oil Corporation Ltd.

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 366,469 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 147Section 142(1)Section 119Section 144Section 250Section 292B
Read the full judgment

Issues it is cited on

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

Income Tax Officer, Ward-3(3)(5), Surat vs. Pravinbhai Manjibhai Ghoghari, Surat

In the result, the appeal of the Revenue (in ITA No

ITA 381/SRT/2019[2014-15]Status: DisposedITAT Surat29 Dec 2021AY 2014-15

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Court Hearing) The Ito, Ward-3(3)(5), Vs. Pravinbhai Manjibhai Ghoghari, Surat. B-304, Arihant Park Appartment, Opp. Varachha Zone Office, L.H. Road, Varachha, Surat. Pan : Adopg3218K Appellant Respondednt Appellant By Ms. Anupama Singla, Sr. Dr Respondent By None. Date Of Hearing 28/12/2021 Date Of Pronouncement 29/12/2021 आदेश / O R D E R Per Dr. A. L. Saini: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2014-15, Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals)-3, Surat In Appeal No. Cit(A)- 3/10848/2016-17, Which In Turn Arise Out Of An Assessment Order Passed By The Assessing Officer U/S143(3) Of The Income Tax Act, 1961 (In Short The ‘Act’) Dated 26.12.2016. 2. None Appeared On Behalf Of The Assessee, Despite Service Of Notice Of Hearing. We Have Heard Ld. Dr For The Revenue & Note That In This Revenue’S Appeal In Ita No. 381/Srt/2019, The Revenue Has Raised Ground In Respect Of Addition Deleted By The Ld. Cit(A), Which Relates To Income From Other Sources At Rs.1,32,92,565/- On Which Total Tax Comes To Rs.30,12,702/-, Which Comes In The Ambit Of Tax Effect Of Cbdt Circular Vide Circular No. 17/2019 Dated 08.08.2019. 3. The Cbdt Has Issued Circular No. 17/2019 Dated 08.08.2019, Whereby The Monetary Limits For Filing Of Appeals By The Department Before Assessment Year: 2014-15 Pravinbhai Manjibhai Ghoghari Income Tax Appellate Tribunal & High Courts & Slp Before Supreme Court Have Been Increased As Measure For Reducing Litigation. The Revised Monetary Limits Laid Down In Para-2 Of This Circular Are As Follows:

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER (Virtual Court Hearing) The ITO, Ward-3(3)(5), Vs. Pravinbhai Manjibhai Ghoghari, Surat. B-304, Arihant Park Appartment, Opp. Varachha Zone Office, L.H. Road, Varachha, Surat. PAN : ADOPG3218K APPELLANT RESPONDEDNT Appellant by Ms. Anupama Singla, Sr. DR Respondent by None. Date of hearing 28/12/2021 Date of pronouncement 29/12/2021 आदेश / O R D E R PER Dr. A. L. SAINI, ACCOUNTANT MEMBER: The captioned appeal filed by the Revenue, pertaining to Assessment Year (AY) 2014-15,…

ACIT, Circle-1(3), Surat vs. Jay Arunkumar Naik, Surat

Appeal is dismissed for involving lower than the prescribed minimum tax effect

ITA 319/SRT/2019[2010-11]Status: DisposedITAT Surat17 Sept 2021AY 2010-11

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Assistant Commissioner Of Jay Arunkumar Naik Income-Tax, Circle-1[3],Room 102, Vaishali Apartment, Vs No.301, 3Rd Floor, Anavil Nr. Elbee Cinema, Bhatar Business Centre, Adajan – Road, Surat-395007 Hazira Road, Adajan, Surat- Pan : Aaypn 9318 E 395007 Appellant / Revenue Respondent /Assessee

Section 254(1)

…d in the said circular per se. We also find 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. We thus 2 Jay A Naik hold that this Revenue’s appeal raising sole issue of ₹98,72,775/- deserve to be dismissed in terms of low tax effect. We make it clear that it shall very much open for the Revenue to seek necessary rectification in case it is found…

ACIT, Central Circle-3, Surat vs. Kirankumar Rasilkal Sanghvi, Surat

In the result, the appeal of the Revenue (in ITA No

ITA 245/SRT/2019[2015-16]Status: DisposedITAT Surat17 Sept 2021AY 2015-16

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Court Hearing) The Acit, Central Circle-3, Vs. Kirankumar Rasiklal Sanghvi, Surat. 1, Paras Society, Neminath Nagar Road, Dessa, Dessa, 385535. Pan : Afops0131D Appellant Respondednt Appellant By None. Respondent By Ms Anupama Singla, Sr. Dr Date Of Hearing 17/09/2021 Date Of Pronouncement 17/09/2021

Section 143(3)

…IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER (Virtual Court Hearing) The ACIT, Central Circle-3, Vs. Kirankumar Rasiklal Sanghvi, Surat. 1, Paras Society, Neminath Nagar Road, Dessa, Dessa, 385535. PAN : AFOPS0131D APPELLANT RESPONDEDNT Appellant by None. Respondent by Ms Anupama Singla, Sr. DR Date of hearing 17/09/2021 Date of pronouncement 17/09/2021 आदेश / O R D E R PER Dr. A. L. SAINI, ACCOUNTANT MEMBER: The captioned appeal filed by the Revenue, pertaining to Assessment Year (AY) 2015-16, is directed against th…

Municiapl Corporation of Greater Mumbai, Mumbai vs. DCIT (TDS) 1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1031/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…Board. The Hon’ble Supreme Court of India in the year 1981 in the case of K.P. Varghese vs. ITO, 131 ITR 597 held that CBDT Circulars are binding on the Department. The Hon'ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., 267 ITR 272 again reiterated that circulars issued by the Board are binding on the Revenue, and the Department cannot contend otherwise. In the instant case, the argument raised on behalf of Revenue that ‘the date of deposit of cheque or the date of realization of cheque is to be considered as the date of payment of TDS’ is disputed/debatable issue, is unten…

Municiapl Corporation of Greater Mumbai, Mumbai vs. DCIT (TDS) 1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1030/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…Board. The Hon’ble Supreme Court of India in the year 1981 in the case of K.P. Varghese vs. ITO, 131 ITR 597 held that CBDT Circulars are binding on the Department. The Hon'ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., 267 ITR 272 again reiterated that circulars issued by the Board are binding on the Revenue, and the Department cannot contend otherwise. In the instant case, the argument raised on behalf of Revenue that ‘the date of deposit of cheque or the date of realization of cheque is to be considered as the date of payment of TDS’ is disputed/debatable issue, is unten…

Municiapl Corporation of Greater Mumbai, Mumbai vs. DCIT (TDS) 1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1028/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…Board. The Hon’ble Supreme Court of India in the year 1981 in the case of K.P. Varghese vs. ITO, 131 ITR 597 held that CBDT Circulars are binding on the Department. The Hon'ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., 267 ITR 272 again reiterated that circulars issued by the Board are binding on the Revenue, and the Department cannot contend otherwise. In the instant case, the argument raised on behalf of Revenue that ‘the date of deposit of cheque or the date of realization of cheque is to be considered as the date of payment of TDS’ is disputed/debatable issue, is unten…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1027/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…Board. The Hon’ble Supreme Court of India in the year 1981 in the case of K.P. Varghese vs. ITO, 131 ITR 597 held that CBDT Circulars are binding on the Department. The Hon'ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., 267 ITR 272 again reiterated that circulars issued by the Board are binding on the Revenue, and the Department cannot contend otherwise. In the instant case, the argument raised on behalf of Revenue that ‘the date of deposit of cheque or the date of realization of cheque is to be considered as the date of payment of TDS’ is disputed/debatable issue, is unten…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1026/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal
Section 154Section 194CSection 2Section 200ASection 201

…Board. The Hon’ble Supreme Court of India in the year 1981 in the case of K.P. Varghese vs. ITO, 131 ITR 597 held that CBDT Circulars are binding on the Department. The Hon'ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., 267 ITR 272 again reiterated that circulars issued by the Board are binding on the Revenue, and the Department cannot contend otherwise. In the instant case, the argument raised on behalf of Revenue that ‘the date of deposit of cheque or the date of realization of cheque is to be considered as the date of payment of TDS’ is disputed/debatable issue, is unten…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-1(3), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1025/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…Board. The Hon’ble Supreme Court of India in the year 1981 in the case of K.P. Varghese vs. ITO, 131 ITR 597 held that CBDT Circulars are binding on the Department. The Hon'ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., 267 ITR 272 again reiterated that circulars issued by the Board are binding on the Revenue, and the Department cannot contend otherwise. In the instant case, the argument raised on behalf of Revenue that ‘the date of deposit of cheque or the date of realization of cheque is to be considered as the date of payment of TDS’ is disputed/debatable issue, is unten…

M/S Municipal Corporation of Greater Mumbai, Mumbai vs. DCIT-3(1), Mumbai

In the result, impugned order is set aside and the appeal of assessee is allowed

ITA 1024/MUM/2019[2012-13]Status: DisposedITAT Mumbai06 May 2021AY 2012-13

Bench: Shri Vikas Awasthy & Shri Rajesh Kumarआअसं.1024 से 1031/मुं/2019 ("न. व. 2011-12 & 2012-13)

For Appellant: Shri Rushabh MehtaFor Respondent: Shri Vijay Jaiswal /
Section 154Section 194CSection 2Section 200ASection 201

…Board. The Hon’ble Supreme Court of India in the year 1981 in the case of K.P. Varghese vs. ITO, 131 ITR 597 held that CBDT Circulars are binding on the Department. The Hon'ble Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd., 267 ITR 272 again reiterated that circulars issued by the Board are binding on the Revenue, and the Department cannot contend otherwise. In the instant case, the argument raised on behalf of Revenue that ‘the date of deposit of cheque or the date of realization of cheque is to be considered as the date of payment of TDS’ is disputed/debatable issue, is unten…

The ACIT, Circle-6, Surat vs. M/S. Maa Krupa Construction Company, Surat

In the result, the appeal of the Revenue (in ITA No

ITA 1275/AHD/2015[2009-10]Status: DisposedITAT Surat12 Nov 2020AY 2009-10

Bench: Shri Pawan Singh, Hon’Ble & Dr. A. L. Saini, Hon’Bleआयकरअपीलसं./Ita No.1275/Ahd/2015 ("नधा"रणवष" / Assessment Year:2009-10) Deputy Commissioner Of Income Tax, Vs. M/S. Maa Krupa Construction Company, Circle-2(3), Sruat. 91, Maa Krupa Residency, Kharvasa Main Road, Dindoli, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqfm5687H (Appellant) .. (Respondent)

For Appellant: Shri Bipin Jariwala - ARFor Respondent: Shri B P K Panda – Sr. DR
Section 271(1)(c)

…CBDT Circular No.17/2019 referred to above. 5. 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…

The ACIT, Central Circle-1, Vapi vs. Shri Kamalbhai Jayntilal Shah, Vapi

In the result, the appeal of the Revenue in ITA No

ITA 2310/AHD/2016[2014-15]Status: DisposedITAT Surat13 Oct 2020AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.2310/Ahd/2016 ("नधा"रणवष" / Assessment Year: 2014-15) (Virtual Court Hearing) Assistant Commissioner Of Vs. Kamalbhai Jayantilal Shah, Income Tax, Central Circle-1, Plot No. 35, Yash Kamal, Chikoowadi, Vapi Opp-Gidc Guest House, Haria Hospital Road, Vapi-396195. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afhps5482G (Appellant) .. (Respondent) Appellant By : Ms Anupama Singla, Sr. Dr Respondent By : Shri Hardik Vora, Ar सुनवाईक"तार"ख/ Date Of Hearing : 13/10/2020 घोषणाक"तार"ख/Date Of Pronouncement : 13/10/2020

For Appellant: Ms Anupama Singla, Sr. DRFor Respondent: Shri Hardik Vora, AR
Section 143(3)

…CBDT Circular No.17/2019 referred to above. 5. 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…

ACIT, Dhanbad vs. Shri Gopal Baran Chattopadhyay, Dhanbad

Appeal is dismissed for involving lower than the prescribed minimum tax effect

ITA 262/RAN/2019[2014-15]Status: DisposedITAT Ranchi01 Sept 2020AY 2014-15

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year :2014-15

Section 271(1)(c)

…IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH “E” Court at KOLKATA Before Shri J.Sudhakar Reddy, Accountant Member and Shri S.S.Godara, Judicial Member Assessment Year :2014-15 Assistant Commissioner Shri Gopal Baran Chattopadhyay, 505, 5th of Income Tax, Central बनाम Circle-1(1) 1st Floor, Shanti Bhawan, Bank V/s. Aaykar Bhawan, L.C. More, Dhanbad-876001 Road, Dhanbad-826001 [PAN No.ABUPC 9299 E] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri N.S.Khalkho, JCIT-SR-DR अपीलाथ" क" ओर से/By Appellant Shri R.R. Mittal, FCA ""यथ" क" ओर से/By Respondent 01-09-2020 सुनवाई क" तार"ख/Date of Hearing 01-09-2020 घोषणा क…

ACIT, Circle-1, Jamshepur vs. M/S. Bharat Engineering & Body Building Company Pvt. Ltd., Jamshepur

Appeal is dismissed for involving lower than the prescribed minimum tax effect

ITA 288/RAN/2019[2011-12]Status: DisposedITAT Ranchi22 Jul 2020AY 2011-12

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Assessment Year:2011-12 बनाम Acit, Circle-1, Jamshedpur M/S Bharat Engg. & Body Building Co. Pvt. Ltd. / V/S. Santokh Mansion, R-Road, Bistupur, Jamshedpur-831001. Pan No.Aacb6622N अपीलाथ" /Appellant ""यथ" /Respondent ..

Section 143(3)

…d in the said circular per se. We also find 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. We thus hold that this Revenue’s appeal raising sole issue of Rs.29,48,787/- deserves to be dismissed in terms of low tax effect. We make it clear that it shall very much open for the Revenue to seek necessary rectification in M/s Bharat Engg. & Body Buil…

ACIT, Circle-1, Jamshedpur vs. M/S Greenley Hi Tech Engineers Pvt. Ltd., Jamshedpur

Appeal is dismissed for involving lower than the prescribed minimum tax effect

ITA 287/RAN/2019[2011-12]Status: DisposedITAT Ranchi22 Jul 2020AY 2011-12

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Assessment Year:2011-12 बनाम Acit, Circle-1, Jamshedpur Greenley Hi Tech Engineers Pvt. Ltd. / V/S. C-82, 02Nd Phase, Industrial Area, Adityapur, Jamshedpur- 831013. Pan No.Aaccg7899J अपीलाथ" /Appellant ""यथ" /Respondent ..

Section 147

…d in the said circular per se. We also find 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. We thus hold that this Revenue’s appeal raising sole issue of Rs.33,54,968/- deserves to be dismissed in terms of low tax effect. We make it clear that it shall very much open for the Revenue to seek necessary rectification in case it is found that any of…

ITO, Ward-2(1), Dhanbad vs. Shri Pravin Kumar Agarwal(HUF), Dhanbad

Appeal is dismissed for involving lower than the prescribed minimum tax effect

ITA 285/RAN/2019[2015-16]Status: DisposedITAT Ranchi22 Jul 2020AY 2015-16

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Assessment Year:2015-16 बनाम Ito, Ward-2(1), Dhanbad Shri Pravin Kumar Agarwal(Huf) / V/S. Amlapara, Jharia, Dhanbad- 828111. Pan No.Aaghp7111P अपीलाथ" /Appellant ""यथ" /Respondent ..

Section 271(1)(c)

…d in the said circular per se. We also find 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. Mr. Mohanti has vehemently argued that the instant issue of bogus long-term capital gains falls as an exception to the above-stated Shri Pravin Kumar Agarwal(HUF) Page 3 CBDT’s circular, he fails to dispute that the foregoing exception applies to quantum…

ITO, Ward - 1(3), Asansol vs. M/S. Crony Enterprise, Burdwan

Appeals are dismissed for involving lower than the prescribed minimum tax effect

ITA 9/KOL/2019[2012-13]Status: DisposedITAT Kolkata22 Jul 2020AY 2012-13

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm I.T.A Nos.8&9/Kol/2019 (Assessment Years: 2011-12 & 2012-13) Ito, Ward-1(3), Asansol Vs. M/S Crony Enterprise C/O-Nitish Pal, Chakdola More, Bahadurpur, Burdwan-713362. Pan/Gir No. : Aaffc0939H (Appellant) .. (Respondent)

Section 143(3)

…d in the said circular per se. We also find 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. We thus hold that this Revenue’s appeal raising sole issue deserves to be dismissed in terms of low tax effect. We make it clear that it shall very much open for the Revenue to seek I.T.A Nos.8&9/Kol/2019 Assessment Years: 2011-12 & 2012-13 M/s Crony Ent…

ITO, Ward - 1(3), Asansol vs. M/S. Crony Enterprise, Burdwan

Appeals are dismissed for involving lower than the prescribed minimum tax effect

ITA 8/KOL/2019[2011-12]Status: DisposedITAT Kolkata22 Jul 2020AY 2011-12

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm I.T.A Nos.8&9/Kol/2019 (Assessment Years: 2011-12 & 2012-13) Ito, Ward-1(3), Asansol Vs. M/S Crony Enterprise C/O-Nitish Pal, Chakdola More, Bahadurpur, Burdwan-713362. Pan/Gir No. : Aaffc0939H (Appellant) .. (Respondent)

Section 143(3)

…d in the said circular per se. We also find 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. We thus hold that this Revenue’s appeal raising sole issue deserves to be dismissed in terms of low tax effect. We make it clear that it shall very much open for the Revenue to seek I.T.A Nos.8&9/Kol/2019 Assessment Years: 2011-12 & 2012-13 M/s Crony Ent…

ITO, Ward-1(5), Dhanbad vs. Shri Manoj Kumar Singh, Dhanbad

Appeals are dismissed for non prosecution

ITA 25/RAN/2019[2008-09]Status: DisposedITAT Ranchi04 Mar 2020AY 2008-09

Bench: Shri S.S, Godara

Section 147

…ed in the said circular per se. I also find 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 ITA No.21-23 & 25/R/19 & CO 05-07 & 09/R/19 A.Ys. -7-08 & 08-09 ITO Wd-1(5), DHN vs. Sh Manoj Kr. Singh Page 3 binding on revenue authorities. I thus hold that these Revenue’s appeal(s) raising sole issue deserve to be dismissed in terms of low tax effect. I make it clear that it shall…

ITO, Ward-1(5), Dhanbad vs. Shri Manoj Kumar Singh, Dhanbad

Appeals are dismissed for non prosecution

ITA 23/RAN/2019[2007-08]Status: DisposedITAT Ranchi04 Mar 2020AY 2007-08

Bench: Shri S.S, Godara

Section 147

…ed in the said circular per se. I also find 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 ITA No.21-23 & 25/R/19 & CO 05-07 & 09/R/19 A.Ys. -7-08 & 08-09 ITO Wd-1(5), DHN vs. Sh Manoj Kr. Singh Page 3 binding on revenue authorities. I thus hold that these Revenue’s appeal(s) raising sole issue deserve to be dismissed in terms of low tax effect. I make it clear that it shall…