CIT Vs. GAURISHANKAR

JUDGEMENT

(1.) HEARD the learned counsel for appellant.

(2.) THE present appeal was listed before this Court on 4 -1 -2013 along with other Income -tax Appeals, wherein admittedly the tax effect is less than Rs. 10 lac. An objection was raised by learned counsel for respondents that in view of Circular dt. 9 -2 -2011 1, (2011) 51 DTR (St) 135), issued by CBDT, the appeal is not maintainable as the appeal cannot be filed before High Court in view of circular dt. 9 -2 -2011 where tax effect is less than Rs. 10 lac. Learned counsel for Revenue submitted that Circular dt. 9 -2 -2011 is prospective and the same is not binding on the present appeal, as present appeal was filed before this Court earlier to 9 -2 -2011. She has also referred the order of Hon'ble apex Court in CIT v. Surya Herbal Ltd. : (2013) 350 ITR 300 (SC), wherein the Court granted liberty to Department to move the High Court pointing out that the circular dt. 9 -2 -2011, should not be applied ipso facto, particularly, when the matter has a cascading effect.

(3.) THIS Court, on 4 -1 -2013, observed that let the Department may examine such appeals where the tax effect is less than Rs. 10 lac and there is no cascading effect. The matter was again listed on 20 -2 -2013 and this Court observed that a committee be constituted by Chief CIT, to be headed by him to examine the cascading effect in such like matters. The Chief CIT constituted a committee consisting of ten officers, headed by Chief CIT (CCA), Jaipur, as Chairman, The Committee was consisting of following ten officers: