COMMISSIONER OF INCOME TAX Vs. SHAMBHUBHAI MAHADEV AHIR

JUDGEMENT

(1.) Brief facts necessary for this order may be noted. Appeal is filed by the Revenue calling in question the judgment of the Income Tax Appellate Tribunal("the Tribunal" for short) dated 31.5.2010 raising various questions. Appeal was filed on 13.10.2010. It is not in dispute that the tax effect involved in this appeal exceeded Rs. 4 lac which was the threshold limit permitting the Revenue to prefer appeal before the High Court as provided by Central Board of Direct Taxes ('CBDT' fort short), in its instructions dated 15.5.2008 (here-in-after to be referred to as "instructions of 2008"). It is equally not in dispute that such tax effect however, does not exceed Rs. 10 lac, a revised limit provided by the Board in its later instructions dated 9.2.2011(here-in-after to be referred to as "instructions of 2011").

(2.) In view of the above facts, counsel for the assessee at the outset raised a preliminary objection of the maintainability of the appeal on the ground that the tax effect involved is less than the minimum threshold limit provided by the CBDT in its instructions dated 9.2.2011.

(3.) The precise contention of the counsel for the assessee was that though at the time of filing of the appeal the limits prescribed by the Board in its instructions of 2008 applied and as per such provisions, the appeal was then maintainable, the revised limits contained in the instructions of 2011 should be applied when the appeal is taken up for hearing. Counsel for the assessee in fact contended that such limit would apply to all pending cases irrespective of the date of filing. In short, contention of the counsel was that instructions of 2011 would govern maintainability of all pending appeals of the Revenue.