Dismissing the notice of motion to restore the appeal on the ground that the appeal was wrongly withdrawn as the issue contested was based on audit objection. Court held that mere raising objection in terms of audit objection is not enough, the Revenue will have to point out that this audit objection has been accepted by the Department. As no such records were produced the oral request was rejected and notice of motion was dismissed .Circulars and Notifications: CBDT Circular No. 21 of 2015 dt. 10-12-2015 and Circular No. 3 of 2018, dt.11-7-2018
PCIT v. Nawany Construction Co. (P.) Ltd. (2018) 258 Taxman 365 (Bom.)(HC)
S. 260A : Appeal – High Court –Monetary limits- CBDT Circulars continue to bind revenue and if they contain any conditions, whether such conditions are attracted or not would have to be proved and established by revenue; mere raising objection in terms of Circular would not be enough. [S.119]