COMMISSIONER OF INCOME TAX, JAIPUR-II, JAIPUR Vs. EMKAY EXPORTS
LAWS(RAJ)-2016-9-183
HIGH COURT OF RAJASTHAN
Decided on September 23,2016

COMMISSIONER OF INCOME TAX, JAIPUR-II, JAIPUR Appellant
VERSUS
EMKAY EXPORTS Respondents

JUDGEMENT

- (1.) Instant appeal is directed against order of the Income Tax Appellate Tribunal and indisputably the tax effect as brought to our notice, is less than Rs.20 lac.
(2.) A Circular No.21/2015 has been issued by the Central Board of Direct Taxes dated 10.12.2015 in exercise of its power u/sec. 268A (1) of the Income-tax Act 1961 in supersession of the Boards instruction No.5/2014 dt.10.7.2014 regularising the monetary limits for filing the appeal by the Revenue before the Tribunal, High Courts and Apex Court with an object for reducing litigation. Relevant para nos.3, 8, 9 and 10 reads ad infra :- "3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- JUDGEMENT_183_LAWS(RAJ)9_2016.html
(3.) The extract of the paragraphs referred to supra, clearly indicates that the limits specified in para 3 may not apply to certain exceptions specified in para 8, at the same time para nos.9 and 10 of the Circular if read conjointly, clearly envisages that the present instructions will apply retrospectively to all the pending appeals and appeals to be filed henceforth in High Courts/Tribunals, subject to exceptions where the tax effect even if is less than Rs.20 lac, can be preferred in High Courts.;


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