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Judgment
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2011-12 arises against the CIT(A), Meerut’s order dated 14.01.20 16 in case No. 122/2014-15, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It transpires during the course of hearing that the assessee/appe llant raises her first and fo remost legal ground/issue seeking to annul the impugned assessment dated 30.03.2014 framed by the learned ACIT, Circle -2, Meerut as uphe ld in the lower appellate discussion.
This is for the precise reason that the assessee/appellant had filed her return of income declaring an amount of Rs.2,11,970/- on 30.03.2012; and, therefore, going by the CBDT’s landmark circular/instructions No. 01/2011 dated 31.01.2011, her assessment could only have been framed by an ITO than the ACIT here in.
The Revenue on the other hand refers to the necessary comments fro m the Assessing Officer’s sides that the fore going circular/instructions is only an internal guideline which is not binding in such an instance. We find no merit in the Revenue’s stand herein once it has come on record that CBDT had issued it’s foregoing circular u/s 119 of the Act having a binding effect on the learned departmental authorities in light of K. P. Varghese vs. ITO (1981) 131 ITR 597 (SC). We accordingly quash the impugned assessment date d 30.03.2014 in very terms.
All other remaining issues between the parties stand rendered academic.
This assessee’s appeal is allowed in above terms.