CBDT's Low Tax Effect Circular Is Discriminatory: Karnataka High Court

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From: editor@itatonline.org <itatonline.org@gmail.com>
Date: Sat, Mar 3, 2012 at 1:33 PM
Subject: Message from EGroup of SolapurCAs CBDT's Low Tax Effect Circular Is Discriminatory: Karnataka High Court
To: editor@itatonline.org

 

Dear Subscriber,

 

The following important judgement is available for download at itatonline.org.

CIT vs. M/s Ranka & Ranka (Karnataka High Court)

CBDT's decision to confine the effect of low tax effect Instruction to fresh appeals is contrary to the object of s. 268A & the National Litigation Policy

 

The department filed an appeal in the year 2005, the tax effect of which was less than Rs. 10 lakhs. The High Court had to consider whether inspite of para 11 of CBDT's Instruction No. 3 of 2011 dated 9.2.2011 which declared that that the bar on filing departmental appeals with tax effect of less than Rs. 10 lkahs would apply only to appeals filed after 9.2.2011, the Instruction could still be considered to be applicable to pending appeals. HELD by the High Court dismissing the appeal as non-maintainable:

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Regards,