Jharkhand High Court
Commissioner Of Income Tax vs M/S Arc Horn Global System (P) Ltd. 7 C.H. ... on 10 December, 2018
Author: D.N. Patel
Bench: D.N. Patel, Anubha Rawat Choudhary
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Tax Appeal No. 39 of 2006
with
Tax Appeal No. 41 of 2006
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Commissioner of Income Tax, 47 C.H. Area, Jamshedpur
... .... Appellant
Versus
M/s Arc Horn Global System (P) Ltd. 7 C.H. Area (NE), P.S. Bistupur, P.O.
G.P.O., Jamshedpur.
.... Respondent
[in both cases]
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CORAM: HON'BLE MR. JUSTICE D.N. PATEL
HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
For the Appellant : Ms. Amrita Sinha, Advocate
For the Respondent : Mr. Manish Mishra, Advocate
[in both cases]
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th
24/Dated: 10 December, 2018
Oral order:
Per D.N. Patel, J.:
1. Counsel appearing for the parties submitted that the latest circular issued by the Central Board of Direct Taxes, i.e. CBTD Circular No. 3 of 2018 dated 11th July, 2018, gives revised monetary limits for filing of appeals by the Income Tax Department before the Income Tax Appellate Tribunals and the High Courts and for filing S.L.P. before Hon'ble the Supreme Court.
2. As per the aforesaid circular, with respect to High Courts, monetary limit has been enhanced to Rs. 50 lakhs.
3. This circular provides for some exceptions also in paragraph no. 10 thereof and looking to paragraph no. 13 thereof, it appears that the 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.
4. Having heard counsels for both the sides and looking to Circular no. 3 of 2018 dated 11th July, 2018 and also looking to the fact that the monetary limit involved in the present cases is less than Rs. 50 lakhs and the facts of these cases are not falling within 2. the exceptions pointed out at paragraph no.10 of the aforesaid circular, these appeals are hereby, dismissed.
5. Interim relief, if any, stands vacated.
(D.N. Patel, J.) (Anubha Rawat Choudhary, J.) VK