Revised tax effect for appeal applies to all pending appeals

Last updated: 17 May 2013

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
We draw the attention of the ld. DR regarding the tax effect on the deletion of addition of Rs.9,05,643/- which is less than Rs. 3.00 lakh. This position is admitted by the ld. D.R. Therefore, as per the Instruction No. 3/2011 dated 09.02.2011 the revenue is not permitted to file appeal before the Tribunal if the tax effect is less than Rs. 3.00 lakh. However, ld. DR for the revenue submitted that Instruction no. 3/2011 is not applicable for the appeals filed prior to issue of the said instructions. It is also submitted that the decision of Full Bench of Punjab & Haryana High Court in the case of CIT Vs. Virendra Construction Co., 239 CTR 1, that revised monetary limits are not applicable to the pending appeals, is in favour of the revenue.

Citation :
ITO, Ward 15 (1), New Delhi. (APPELLANT) Vs. M/s. R.S. Organics Pvt. Ltd., AD – 30A, Pitampura,Delhi – 110 088.(PAN: AACCR7110D) (RESPONDENT)