Deputy Commissioner of Income Tax - Circle - 4, Guwahati V. Pawan Communications Pvt. Ltd., Guwahati

ITA 168/GTY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0527 (ITAT-GUWAHATI)
• Duration Of Justice: 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 08-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 143(3); 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI BENCH : GUWAHATI [BEFORE SHRI P.M.JAGTAP, AM & SHRI A. T. VARKEY, J M] SL. NO. ITA NO. & A.Y. (1) REVENUE/REP. BY (2) VS (3) ASSESSEE/PAN/REP. BY (AS PER POWER FILED) (4) 1. 203/GAU/2017 AY. 2012-13 A.C.I.T.CIRCLE-1, C.R.BUILDING, DIBRUGARH-786 003 REP. BY SHRI. SANDEEP SENGUPTA, JCIT SHREE JAY KUMAR NEWATIA, NEWATIA BHAWAN, JYOTI NAGAR, DIBRUGARH-786001. PAN: ADAPN 9070C, REP. BY SMT.PARNASHREE BANARJEE, ADVOCATE 2. 205/GAU /2017 AY. 2004-05 ACIT, CIR-1, ROOM NO.613, 6 TH FLOOR, AAYAKAR BHAWAN, G.S.ROAD, GUWAHATI-781005, REP. BY SHRI. SANDEEP SENGUPTA, JCIT SHRI SANWARMAL AGARWAL, SOHEL NIWAS (3 RD FLOOR), CHATRIBARI ROAD, GUWAHATI- 781001 PAN:ABVPA6563A , REP. BY SHRI SOMNATH GHOSH, ADVOCATE 3. 211/GAU/2017 AY. 2013-14 I.T.O., WARD- 1, TEZPUR, AAYAKAR BHAWAN, EX-POLICE LINE, TEZPUR, SONITPUR, ASSAM-784001 REP. BY SHRI. SANDEEP SENGUPTA, JCIT M/S. M.T.M.WINES & BOTTLERS (P) LTD., TIPI INDUSTRIAL ESTATE, P.O.BHALUKPONG (A.P.)-790114 PAN: AADCM 7194 F, REP. BY SHRI SANJAY MODY, FCA 4. C.O.01/KOL/2018 AY. 2013-14 M/S. M.T.M.WINES & BOTTLERS (P) LTD., TIPI INDUSTRIAL ESTATE, P.O.BHALUKPONG (A.P.)-790114 PAN: AADCM 7194 F, REP. BY SHRI SANJAY MODY, FCA I.T.O., WARD-1, TEZPUR, AAYAKAR BHAWAN, EX-POLICE LINE, TEZPUR, SONITPUR, ASSAM- 784001 REP. BY SHRI. SANDEEP SENGUPTA, JCIT 5. 214/GAU/2017 AY. 2011-12 DCIT, CIRCLE-2, AAYAKAR BHAWAN , 5 TH FLOOR, CHRISTIAN BASTI, GUWAHATI-781 005. REP. BY SHRI SANDEEP SENGUPTA, JCIT SHRI JITENDRA NEWATIA, PRATHNA, NEAR JESUIT HOUSE, PANI TANK, JAHAJ GHAT, UZANBAZAR, GUWAHATI-781 001. PAN:AAWPN 1133H, REP. BY NONE 6. 246/GAU/2017 AY.2014-15 I.T.O., WARD-2, DIMAPUR REP. BY SHRI SANDEEP SENGUPTA, JCIT SMT. SANDHYA SETHI, KALIBARI ROAD, DIMAPUR, NAGALAND-797112. PAN:AAVPJ 1807 H REP. BY SHRI MANISH KUMAR JAIN, AR 7. 245/GAU/2017 AY. 2014-15 ITO, WARD-2, DIMAPUR. REP. BY SH. SANDEEP SENGUPTA, JCIT MR. VISHAL KUMAR SETHI, KALIBARI ROAD, DIMAPUR, NAGALAND-797112. PAN:AJUPS 4092 F,REP. BY SHRI MANISH KUMAR JAIN, AR 8. 244/GAU/2017 AY. 2014-15 ITO, WARD-2, DIMAPUR REP. BY SHRI SANDEEP SENGUPTA, JCIT MR.VIKASH KUMAR SETHI, KALIBARI ROAD, DIMAPUR, NAGALAND-797112. PAN:AKOPS 5727J REP. BY SHRI MANISH KUMAR JAIN, AR 9. 247/GAU/2017 AY. 2014-15 ITO, WARD-1, DIMAPUR REP. BY SHRI. SANDEEP SENGUPTA, JCIT SHRI PAWAN KUMAR SETHI, KALIBARI ROAD, DIMAPUR, NAGALAND-797112. PAN:AKYPS 8053P REP. BY SHRI MANISH KUMAR JAIN, AR 10. 248/GAU/2017 AY. 2014-15 ITO, WARD-1, DIMAPUR REP. BY SHRI SANDEEP SENGUPTA, JCIT SMT. ANITA SETHI, KALIBARI ROAD, DIMAPUR, NAGALAND-797112. PAN:ACWPJ1699Q REP. BY SHRI MANISH KUMAR JAIN, AR 11. 28/GAU/2018 AY. 2009-10 DCIT, CIRCLE-3, GUWAHATI, 7 TH FLOOR, AAYAKAR BHAWAN, G.S.ROAD, GUWAHATI-781005. REP. BY SHRI. SANDEEP SENGUPTA, JCIT MD. ABDUL MUTALIB, FLAT NO.A3/002, GAMES VILLAGE, BORSOJAI, GUWAHATI-781 005. PAN:AMEPM0544M REP. BY NONE 12. 24/GAU/2018 AY. 2013-14 ITO, WARD-1, AAYAKAR BHAWAN, SHILLONG REP. BY SHRI. SANDEEP M/S AMRIT PLACEMENT SERVICES PVT. LTD., C/O R.L.ELECTRICALS, BARA BAZAR, SHILLONG, 793002. PAN: AAKCA5953B REP. BY 2 2 SENGUPTA, JCIT NONE 13. 25/GAU/2018 ITO, WARD-1, AAYAKAR BHAWAN, SHILLONG REP. BY SHRI. SANDEEPSENGUPTA, JCIT M/S AMRIT PLACEMENT SERVICES PVT. LTD., C/O R.L.ELECTRICALS, BARA BAZAR, SHILLONG, 793002. PAN: AAKCA5953B REP. BY NONE 14. 59/GAU/2018 AY. 2003-04 ACIT, CIRCLE-TINSUKIA, AAYAKAR BHAWAN, BORDOLOI NAGAR, TINSUKIA-786125.REP. BY SHRI. SANDEEPSENGUPTA, JCIT M/S EAST INDIA CONSTRUCTION COMPANY, CHIRWAPATTY, TINSUKIA, PAN:AABFF5914E REP. BY SHRI SANJAY MODY, FCA 15. 57/GAU/2018 AY.2013-14 DCIT, CIRCLE-TEZPUR, AAYAKAR BHAWAN, EX-POLICE LINE, TEZPUR-784001. REP.BY SHRI. SANDEEP SENGUPTA, JCIT SHRI BIMAL KUMAR LAHOTI, PROP.M/S PROMOD STORE, GROUND FLOOR, PNGB ROAD, DHEKIAJULI, SONITPUR-784110 PAN:ABTPL5340E REP. BY NONE 16. C.O.NO.03/GAU/20 18 IN ITA NO.57/GAU/2018 AY.2013-14 SHRI BIMAL KUMAR LAHOTI, PROP.M/S PROMOD STORE, GROUND FLOOR, PNGB ROAD, DHEKIAJULI, SONITPUR-784110 PAN:ABTPL5340E REP. BY NONE DCIT, CIRCLE-TEZPUR, AAYAKAR BHAWAN, EX-POLICE LINE, TEZPUR-784001. REP.BY SHRI. SANDEEP SENGUPTA, JCIT 17. 83/GAU/2018 AY.2011-12 ITO, WARD-1, AAYAKAR BHAWAN, BORDOLOI NAGAR, TINSUKIA-786125. REP. BY SHRI. SANDEEP SENGUPTA, JCIT ILLIAS ANSARI, C/O DILBAHAR & BROTHERS, DAILY BAZAR, TINSUKIA-786125, ASSAM. PAN:AFWPA4541H REP. BY NONE 18. 66/GAU/2018 AY. 1995-96 ACIT, CIRCLE-TINSUKIA, AAYAKAR BHAWAN, BORDOLOI NAGAR, TINSUKIA-786125. REP. BY SHRI. SANDEEP SENGUPTA, JCIT M/S. JSVM PLYWOOD INDUSTRIES LTD., (FORMERLY : ARUNACHAL SAW & VENNER MILLS PVT. LTD., 17 TH MILE, STILWELL ROAD, P.O.JAIRAMPUR, DIST. CHANGLANG, ARUNACHAL PRADESH. PIN:792121 PAN : 10-007-CT-7660 REP. BY NONE 19. 163/GAU/2018 AY. 2009-10 DCIT,CIRCLE-4, AAYAKAR BHAWAN, 5 TH FLOOR, CHRISTANBASTI, G.S.ROAD, GUWAHATI-781005 REP. BY SHRI. SANDEEP SENGUPTA, JCIT SHRI SOVINDER SINGH SETHI, GMC HOUSE, NO.16, NABIN NAGAR, BYE LANE-3, SANTI PATH, ZOO TINIALI, GUWAHATI-781024. PAN:ASPPS9158Q REP. BY NONE 20. 166/GAU/2018 AY. 2012-13 DCIT,CIRCLE-4, AAYAKAR BHAWAN, 5 TH FLOOR, CHRISTANBASTI, G.S.ROAD, GUWAHATI-781005 REP. BY SHRI. SANDEEP SENGUPTA, JCIT SHRI SOVINDER SINGH SETHI, GMC HOUSE, NO.16, NABIN NAGAR, BYE LANE-3, SANTI PATH, ZOO TINIALI, GUWAHATI-781024. PAN:ASPPS9158Q REP. BY NONE 21. 168/GAU/2018 AY.2011-12 DCIT, CIRCLE-4, AAYAKAR BHAWAN, 5 TH FLOOR, CHRISTAN BASTI , G.S.ROAD, GUWAHATI- 781005. REP. BY SHRI. SANDEEP SENGUPTA, JCIT M/S. PAWAN COMMUNICATIONS PVT. LTD., F.A.ROAD, A.C.DUTTA LANE, KUMARPARA, GUWAHATI-781001 PAN :AAECP9270C REP. BY SHRI UTTAM KUMAR BORTHAKUR, ADVOCATE 22. C.O.06/GAU/2018 IN ITA.168/GAU/2018 AY.2011-12 M/S. PAWAN COMMUNICATIONS PVT. LTD., F.A.ROAD, A.C.DUTTA LANE, KUMARPARA, GUWAHATI- 781001 PAN:AAECP9270C REP. BY SHRI UTTAM KUMAR BORTHAKUR, ADVOCATE DCIT, CIRCLE-4, AAYAKAR BHAWAN, 5 TH FLOOR, CHRISTAN BASTI , G.S.ROAD, GUWAHATI-781005. REP. BY SHRI. SANDEEP SENGUPTA, JCIT 3 3 23. 177/GAU/2018 AY.2007-08 ACIT, CIRCLE-3 GUWAHATI, ROOM NO.714, 7 TH FLOOR, AAYAKAR BHAWAN, G.S.ROAD, GUWAHATI-781005. REP.BY SHRI. SANDEEP SENGUPTA, JCIT SHRI NIRAJ SHARMA, C/O LICHI LEGI, A- SECTOR, NAHARLAGUN, DIST.: PAPUMPARE, ARUNACHAL PRADESH-791123, PAN:ATPUS7636K REP.BY NONE 24. 70/GAU/2017 AY.2007-08 DCIT, CIRCLE-3, GUWAHATI, ROOM NO.714, 7 TH FLOOR, AAYAKAR BHAWAN, G.S.ROAD, GUWAHATI-781005. REP.BY SHRI. SANDEEP SENGUPTA, JCIT SHRI RATAN SHARMA, 6 TH FLOOR, FATASIL AMBARI, GUWAHATI-9 PAN :AOMPS7321A REP. BY SHRI RAMESH GOENKA, SR.ADVOCATE & SHRI AMIT GOENKA, ADVOCATE 25. 75/GAU/2017 A.Y.2009-10 DCIT, CIRCLE-3, GUWAHATI, ROOM NO.714, 7 TH FLOOR, AAYAKAR BHAWAN, G.S.ROAD, GUWAHATI-781005. REP.BY SHRI. SANDEEP SENGUPTA, JCIT M/S SMS SMELTERS LIMITED, NH-52A, LEKHI VILLAGE, NAHARLAGUN, ARUNACHAL PRADESH-791 110. PAN:AABCN7147D REP. BY SHRI RAMESH GOENKA, SR.ADVOCATE & SHRI AMIT GOENKA, ADVOCATE 26. 110/GAU/2017 AY.2009-10 DCIT, CIRCLE-BONGAIGAON, DAS COMPLEX, BORO BAZAR, BONGAIGON-783380, ASSAM REP. BY SHRI. SANDEEP SENGUPTA, JCIT M/S NORTH EAST GASES PVT. LTD., DHALIGAON, CHIRANG, ASSAM-783385 PAN: AABCN1728Q REP. BY SHRI RAMESH GOENKA, SR.ADVOCATE & SHRI AMIT GOENKA, ADVOCATE 27. 174/GAU/2018 A.Y.2008-09 ACIT, CIRCLE-3, GUWAHATI, ROOM NO.714, 7 TH FLOOR, AAYAKAR BHAWAN, G.S.ROAD, GUWAHATI-781005. REP. BY SHRI. SANDEEP SENGUPTA, JCIT M/S. UNITED BROTHERS DISTILLERIES PRIVATE LIMITED, LEGI COMPLEX, NAHARLAGUN, DIST. PAPUMPARE, ARUNACHAL PRADESH-791123. PAN:AAACU7342Q REP.BY NONE 28. 73/GAU/2017 AY.2012-13 DCIT, CIRCLE-3, GUWAHATI, ROOM NO.714, 7 TH FLOOR, AAYAKAR BHAWAN, G.S.ROAD, GUWAHATI-781005. REP.BY SHRI. SANDEEP SENGUPTA, JCIT SHRI RATAN SHARMA, 6 TH FLOOR, FATASIL AMBARI, GUWAHATI-9 PAN:AOMPS7321A REP. BY SHRI RAMESH GOENKA, SR.ADVOCATE & SHRI AMIT GOENKA, ADVOCATE 29. 71/GAU/2016 AY 2008-09 ACIT, CIRCLE- SHILLONG AAYAKAR BHAWAN, SHILLONG. REP. BY SHRI. SANDEEP SENGUPTA, JCIT SHRI RADHESHYAM AGARWALA, OPP. SHILLONG ELECTRIC CREMATORIUM, BARAPATHAR, SHILLONG. PAN:ADAPA0697C REP. BY SHRI SUBHAM AGARWAL, FCA 30. 10/GAU/2018 AY. 2008-09 ACIT, CIRCLE-1, C.R.BUILDING, DIBRUGARH-786003. REP. BY SHRI. SANDEEP SENGUPTA, JCIT M/S DR.N.SAHEWALLA & COMPANY PVT. LTD., BORDOLOI AVENUE, AMC ROAD, DIBRUGARH-786005 PAN :AAACD7586P REP. BY SHRI SANJAY MODY, FCA 31. 166/GAU/2017 AY 2012-13 ACIT, CIRCLE-1, C.R.BUILDING, DIBRUGARH-786003 REP.BY SHRI. SANDEEP SENGUPTA, JCIT SHRI KOSHAL KUMAR KARWA, C/O SALIGRAM BRIDHICHAND & CO., KARTICKPARA, DIBRUGARH PAN : ADVPK2163J REP.BY SMT. PARNASHREE BANARJEE 32- 36. 41-44 & 46/GAU/2017 AY 2009-10, 2010-11,2011-12, 2012-13& 2014-15 DCIT, CIRCLE-, DIMAPUR, NAGALAND, REP.BY SHRI. SANDEEP SENGUPTA, JCIT M/S UDIPTA ENERGY & EQUIPMENT PVT. LTD., C/O PHUKAN NAGAR, SIVASAGAR, ASSAM-785640. PAN:AAACU 5559K REP. BY SHRI UTTAM KUMAR BORTHAKUR, ADVOCATE 37. 125/GAUH/2018 AY. 2014-15 DCIT, CIRCLE-AGARTALA, AAYAKAR BHAWAN, MANTRI BARI ROAD, NETAJI CHOWMUHANI, AGARTALA, WEST TRIPURA. REP.BY OSCAR MOTORS PVT. LTD. CHINAIHONI, NATUN NAGAR, AGARTALA, TRIPURA PAN:AABCO4539L REP. BY SHRI SANJAY MODY, FCA 4 4 SHRI SANDEEP SENGUPTA, JCIT 38. C.O.NO.18/GAU/20 18 (A/O ITA.125/G/2018) OSCAR MOTORS PVT. LTD. CHINAIHONI, NATUN NAGAR, AGARTALA, TRIPURA PAN:AABCO4539L REP. BY SHRI SANJAY MODY, FCA DCIT, CIRCLE-AGARTALA, AAYAKAR BHAWAN, MANTREI BARI ROAD, NETAJI CHOWMUHANI, AGARTALA, WEST TRIPURA. REP.BY SHRI SANDEEP SENGUPTA, JCIT 39. 99/GAU/2012 AY.2009-10 DCIT, CIRCLE-TINSUKIA, AAYAKAR BHAWAN, BORDOLOI NAGAR, TINSUKIA-786125. REP. BY SHRI SANDEEP SENGUPTA, JCIT M/S LONGTONG TEA COMPANY, 8 TH MILE, PARBATIPUR, P.O., JAGUN, MARGHERITA, DIST. TINSUKIA, ASSAM PAN: AACFL9743R REP. BY SHRI S.C.VARMA, FCA 40. 158/GAU/2017 A.Y.2013-14 ACIT, CIRCLE-1, C.R.BUILDING, DIBRUGARH-786 003. REP.BY SHRI SANDEEP SENGUPTA, JCIT SHRI BINOD SAHARIA, CHOTAGOLA, A.T.ROAD, DIBRUGARH-786001. PAN:AHSPS7411A REP. BY NONE 41. 160/GAU/2017 AY 2014-15 ITO, WARD-5, IMPHAL, O/O THE JOINT COMMISSIONER OF INCOME TAX RANGE-IMPHAL, CENTRAL JAIL ROAD, OLD LAMBULANE, IMPHAL- 795001. REP.BY SHRI SANDEEP SENGUPTA, JCIT SHRI SUBRATA DEV, NH-53, NEW KEITHELMANI, NAMCHING MAHAKABUI, IMPHAL, WEST, MANIPIR-795113. REP. BY SHRI SOMNATH GHOSH, ADVOCATE 42. 127/GAU/2017 AY 2014-15 ACIT, CIRCLE-JORHAT, A.T.ROAD, TARJAAN, JORHAT-785001, ASSAM. REP. BY SHRI SANDEEP SENGUPTA, JCIT M/S MARANGI PRIVATE LIMITED, C/O MARANGI TEA ESTATE, LETEKUJAN, GOLAGHAT, ASSAM-785613. PAN:AACCM 3316Q REP. BY NONE 43. 102/GAU/2017 AY. 2013-14 ACIT, CIRCLE-JORHAT, A.T.ROAD, TARAJAN, JORHAT-785001, ASSAM. REP. BY SHRI SANDEEP SENGUPTA, JCIT M/S MAHAKALI TEA COMPANY (P)LTD., JONAKI NAGAR TINIALI, GOLAGHAT, ASSAM- 785621. PAN:AAECM2584N REP. BY SHRI SANJAY MODY, FCA 44. 202/GAU/2017 AY. 2013-14 ACIT, CIRCLE-1, C.R.BUILDING, DIBRUGARH-786003 REP. BY SHRI SANDEEP SENGUPTA, JCIT SMT. SARIKA NEWATIA, NEWATIA BHAWAN, JYOTI NAGAR, DIBRUGARJ, ASSAM, PAN:ABDPN4284F REP.BY SMT.PARNASHREE BANARJEE, ADVOCATE 45. 159/GAU/2017 AY.2014-15 ACIT CIRCLE-1, C.R.BUILDING, DIBRUGARH-786003 REP. BY SHRI SANDEEP SENGUPTA, JCIT M/S CONTINENTAL MILKOSE INDIA LTD., C/O A.K.VERMA, MAHALAYA ROAD, DIBRUGARH, 786001 PAN:AABCC2300B REP. BY SMT. PARNASHREE BANARJEE, ADVOCATE 46. 67/GAU/2017 AY 2013-14 ACIT, CIRCLE-JORHAT, A.T.ROAD, TARAJAN, JORHAT-785001, ASSAM REP. BY SHRI SANDEEP SENGUPTA, JCIT SMT. SARASWATI DEVI MALPANI, C/O MEDICURE CENTRE, RAJAMAIDAN ROAD, JORHAT, ASSAM-785001 PAN:ADGPM0094B REP. BY NONE 47. C.O.01/GAU/2017 (A/O ITA.67/GAU/2017) AY. 2013-14 SMT. SARASWATI DEVI MALPANI, C/O MEDICURE CENTRE, RAJAMAIDAN ROAD, JORHAT, ASSAM-785001 PAN:ADGPM0094B REP. BY NONE ACIT, CIRCLE-JORHAT, A.T.ROAD, TARAJAN, JORHAT-785001, ASSAM REP. BY SHRI SANDEEP SENGUPTA, JCIT 48. 157/GAU/2017 AY 2014-15 ACIT, CIRCLE-1, C.R.BUILDING, DIBRUGARH-786 003. REP. BY SHRI SANDEEP SENGUPTA, JCIT SHRI SANJAY KUMAR JAIN, C/O YASH ENTERPRISE MARWARIPATTY, DIBRUGARH- 786001. PAN:ABYPJ9639F REP. BY NONE 49. 177/GAU/2013 AY 2005-06 ACIT, CIRCLE-2, AAYAKAR BHAWAN, 5 TH FLOOR, CHRISTAN BASTI, G.S.ROAD, GUWAHATI-5 M/S CANDIDA ENTERPRISE, KALIRAM MEDHI ROAD, RANIBARI, GUWAHATI. PAN:AADFC9889 N REP. BY SHRI 5 5 REP.BY SHRI SANDEEP SENGUPTA, JCIT D.K.BISWAS, ADVOCATE DATE OF HEARING: 16.08.2018 DATE OF PRONOUNCEMENT: 16.08.2018 ORDER PER BENCH: THESE 44 APPEALS OF THE REVENUE AND 5 CROSS OBJECTI ONS OF THE ASSESSEES ARISE OUT OF THE VARIOUS ORDERS OF THE LEARNED CIT(A) AGAINST THE OR DERS OF ASSESSMENT FRAMED U/S 147 / 143(3) / 144 ETC. OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFER RED TO AS THE ACT). 2. AT THE OUTSET ITSELF, THE LD. DR HAS BROUGHT TO OUR ATTENTION THE FACT THAT THE REVENUE HAS PREFERRED THESE AFORESAID APPEALS WHICH HAVE TAX EF FECT OF LESS THAN RS. 20 LACS, THEREFORE, THE REVENUE DOES NOT INTEND TO PRESS THE APPEALS IN THE LIGHT OF THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 WHEREIN CBDT HAS DIRECTED AS UNDER: 3 . HENCEFORTH, APPEALS/ SLPS SHALL NOT BE FILED I N CASES WHERE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMITS GIVEN HEREUNDER: SL. NO. APPEALS/SLPS IN INCOME-TAX MATTERS MONETARY LIMIT (IN RS) 1. BEFORE APPELLATE TRIBUNAL 20,00,000/- 2. BEFORE HIGH COURT 50,00,000/- 3. BEFORE SUPREME COURT 1,00,00,000/- IT IS CLARIFIED THAT AN APPEAL SHOULD NOT BE FILED MERELY BECAUSE THE TAX EFFECT IN A CASE EXCEEDS THE MONETARY LIMITS PRESCRIBED ABOVE. FILING OF APPEAL IN SUCH CASES IS TO BE DECIDED ON MERITS OF THE CASE. 4. FOR THIS PURPOSE, 'TAX EFFECT' MEANS THE DIFFERE NCE BETWEEN THE TAX ON THE TOTAL INCOME ASSESSED AND THE TAX THAT WOULD HAVE BEEN CHARGEABLE HAD SUC H TOTAL INCOME BEEN REDUCED BY THE AMOUNT OF INCOME IN RESPECT OF THE ISSUES AGAINST WHICH APPEA L IS INTENDED TO BE FILED (HEREINAFTER REFERRED TO AS 'DISPUTED ISSUES). FURTHER, 'TAX EFFECT' SHALL BE TAX INCLUDING APPLICABLE SURCHARGE AND CESS. HOWEVER, THE TAX WILL NOT INCLUDE ANY INTEREST THER EON, EXCEPT WHERE CHARGEABILITY OF INTEREST ITSELF IS IN DISPUTE. IN CASE THE CHARGEABILITY OF INTERES T IS THE ISSUE UNDER DISPUTE, THE AMOUNT OF INTERES T SHALL BE THE TAX EFFECT. IN CASES WHERE RETURNED LO SS IS REDUCED OR ASSESSED AS INCOME, THE TAX EFFECT WOULD INCLUDE NOTIONAL TAX ON DISPUTED ADDITIONS. I N CASE OF PENALTY ORDERS, THE TAX EFFECT WILL MEAN QUANTUM OF PENALTY DELETED OR REDUCED IN THE O RDER TO BE APPEALED AGAINST. 3. IN PARA-13 OF THE SAID CIRCULAR IT HAS FURTHER BEEN CLARIFIED THAT THE REVISED MONETARY LIMITS WILL APPLY RETROSPECTIVELY. THE RELEVANT PARA-13 O F THE CIRCULAR READS THUS: 13. THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SC/HCS/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTI VELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES. PENDING APPEALS BELOW THE SP ECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 6 6 4. IN THE PRESENT CASES, THE TAX EFFECT INVOLVED IN ALL THESE APPEALS BY THE REVENUE IS LESS THAN RS.20,00,000/-. THOUGH THESE APPEALS HAD BEEN FIL ED BY THE REVENUE ON VARIOUS DATES AND WERE WITHIN THE MONETARY LIMIT IN THE FORM OF TAX EFFECT FOR FILING APPEALS BEFORE TRIBUNAL, IN VIEW OF PARA-13 OF THE CIRCULAR OF CBDT, EVEN SUCH APPEALS WILL BE GOVERNED BY THE NEW MONETARY LIMITS LAID DOWN IN THE CBDT CIRCULAR NO.3/2018 REFERRED T O 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 CA SE OF COMMISSIONER OF CUSTOMS VS INDIAN OIL CORPORATION LTD. REPORTED IN 267 ITR 272 WHEREIN TH EIR 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 R EVENUE IS BOUND BY IT AND CANNOT BE ALLOWED TO PLEAD THAT IT IS NOT VALID OR THAT IT IS CONTRARY T O THE TERMS OF THE STATUTE. 5.1. IN THE EVENT, THE REVENUE FINDS AT A LATER POI NT OF TIME THAT THE TAX EFFECT IN THE APPEAL IS MOR E THAN RS.20 LAKHS OR DESPITE LOW TAX EFFECT THE APPE AL OF THE REVENUE IS MAINTAINABLE, THE REVENUE IS A T LIBERTY TO MOVE THIS TRIBUNAL FOR RECALLING OF THI S ORDER. 6. IN VIEW OF THE ABOVE, WE HOLD THAT THE APPEALS F ILED BY THE DEPARTMENT, AGAINST THE IMPUGNED ORDERS OF THE LD. CIT(A), ARE CONTRARY TO THE POLIC Y DECISION OF THE DEPARTMENT AND AS SUCH THE APPEALS FILED BY THE DEPARTMENT ARE DISMISSED IN LIMINE . CROSS OBJECTIONS OF THE ASSESSEES ARISING OUT OF THE APPEALS ARE SUPPORTIVE AND HENCE, THE SA ME ARE DISMISSED. 7. IN THE RESULT, ALL THE 44 APPEALS OF THE REVEN UE AS WELL AS FIVE CROSS OBJECTIONS OF THE ASSESSEES ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH AUGUST, 2018. SD/- SD/- (A.T.VARKEY) (P.M.JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 16 TH AUGUST, 2018 RG. SR. P.S 7 7 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2 RESPONDENT 3. THE CIT(A), GUWAHATI 4. 5. CIT GUWAHATI DR, GUWAHATI BENCH, GUWAHATI /TRUE COPY, BY ORDER, SR.PRIVATE SECRETARY(ON TOUR) ITAT,GUWAHATI BENCH GUWAHATI 7 7 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2 RESPONDENT 3. THE CIT(A), GUWAHATI 4. 5. CIT GUWAHATI DR, GUWAHATI BENCH, GUWAHATI /TRUE COPY, BY ORDER, SR.PRIVATE SECRETARY(ON TOUR) ITAT,GUWAHATI BENCH GUWAHATI