LAWS(GJH)-2014-3-54

COMMISSIONER OF INCOME TAX Vs. SHAMBHUBHAI MAHADEV AHIR

Decided On March 25, 2014
COMMISSIONER OF INCOME TAX Appellant
V/S
Shambhubhai Mahadev Ahir Respondents

JUDGEMENT

(1.) The following question of law has been referred to the larger bench by a Division Bench of this court (coram: Akil Kureshi and Ms. Harsha Devani JJ.) by order dated September 12, 2012:

(2.) The facts leading to the present reference may be summed up thus:

(3.) Therefore, the only question that falls for determination in this reference is whether Instruction of 2011 would apply to all the pending appeals irrespective of the fact whether those appeals were filed after the coming into operation of Instruction of 2011 or not and whether the pending appeals at the instance of the Revenue shall be also not maintainable even if those appeals complied with the requirement of Instruction of 2008 which was the applicable instruction on the date of filing of the appeals simply because the minimum tax effect for filing an appeal at the instance of the Revenue has since been increased by virtue of Instruction of 2011.