Commissioner of Income-tax (Central), Patna v. Usha Prasad
[Citation -2017-LL-0418-75]

Citation 2017-LL-0418-75
Appellant Name Commissioner of Income-tax (Central), Patna
Respondent Name Usha Prasad
Court HIGH COURT OF JHARKHAND AT RANCHI
Relevant Act Income-tax
Date of Order 18/04/2017
Judgment View Judgment
Keyword Tags monetary limit
Bot Summary: Counsels appearing for the parties submitted that the latest circular issued by the Central Board of Direct Taxes, i.e. CBDT Circular 21/2015 dated 10th December, 2015, gives revised monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals and the High Courts and for filing S.L.P. before the Hon'ble the Supreme Court. As per the aforesaid circular, monetary limit with respect to High Courts has been enhanced to Rs. 20 Lakhs. This circular provides for some exceptions enumerated in Paragraph No. 10 thereof and looking to Paragraph No. 10 thereof, it appears that aforesaid instructions contained in the Circular is to be applied retrospectively to the pending appeals before the High Courts. Photocopy of the aforesaid circular is taken on record. Having heard counsels for both sides and looking to the Circular dated 10th December, 2015 and also looking to the facts that monetary limit involved in the present case is less than Rs. 20 lakhs and that the facts of this case do not fall within the purview of the exceptions pointed out at paragraph no. 8 of the aforesaid circular, this appeal is dismissed.


IN HIGH COURT OF JHARKHAND AT RANCHI Tax Appeal No. 19 of 2007 Commissioner of Income tax (Central) Central Revenue Building, 3rd Floor, Birchand Patel Marg, Patna Appellant Vrs. Smt. Usha Prasad, Prop.P.K. Enterprises W/o Dr. Satish Chandra, New Area, Morabadi, Ranhi Respondent CORAM: HON'BLE MR. JUSTICE D.N. PATEL HON'BLE MR. JUSTICE RATNAKER BHENGRA For Appellant: Mr.Deepak Roshan, Advocate For Respondent: Mr. Abhishek, Advocate 16/Dated 18th April,2017 Oral Order Per D.N. Patel,J: 1. Counsels appearing for parties submitted that latest circular issued by Central Board of Direct Taxes, i.e. CBDT Circular 21/2015 dated 10th December, 2015, gives revised monetary limits for filing appeals by Income Tax Department before Income Tax Appellate Tribunals and High Courts and for filing S.L.P. before Hon'ble Supreme Court. 2. As per aforesaid circular, monetary limit with respect to High Courts has been enhanced to Rs. 20 Lakhs. This circular provides for some exceptions enumerated in Paragraph No. 10 thereof and looking to Paragraph No. 10 thereof, it appears that aforesaid instructions contained in Circular is to be applied retrospectively to pending appeals before High Courts. Photocopy of aforesaid circular is taken on record. 3. Having heard counsels for both sides and looking to Circular dated 10th December, 2015 and also looking to facts that monetary limit involved in present case is less than Rs. 20 lakhs and that facts of this case do not fall within purview of exceptions pointed out at paragraph no. 8 of aforesaid circular, this appeal is dismissed. 4. Interim relief, if any, stands vacated. ( D.N. Patel,J.) ( Ratnaker Bhengra,J.) Sharda/Nibha Commissioner of Income-tax (Central), Patna v. Usha Prasad
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