D.b. Income Tax Appeal v. M/S. Alpana Gems.with(2) D.b. Income Tax Appeal

1 D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANBENCH AT JAIPUR. JUDGMENT (1) D.B. INCOME TAX APPEAL NO. 339/2008COMMISSIONER OF INCOME TAX-I VS. M/S. ALPANA GEMS.WITH(2) D.B. INCOME TAX APPEAL NO. 75/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(3) D.B. INCOME TAX APPEAL NO. 197/2004COMMISSIONER OF INCOME TAX-I VS. SHRI NARENDRA KUMAR LUNAWAT.WITH(4) D.B. INCOME TAX APPEAL NO. 34/2007COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SH. CHAMPALALCHOUDHARY.WITH(5) D.B. INCOME TAX APPEAL NO. 43/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. BAL KISHANSODHANI.WITH(6) D.B. INCOME TAX APPEAL NO. 44/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI AJAY KUMARJAIN.WITH(7) D.B. INCOME TAX APPEAL NO. 182/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI RAJENDRAKASLIWAL.WITH(8) D.B. INCOME TAX APPEAL NO. 229/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. PANSARIGEMS INTERNATIONAL.WITH(9) D.B. INCOME TAX APPEAL NO. 239/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI SANJAYKUMAR JAIN.WITH (10) D.B. INCOME TAX APPEAL NO. 247/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. NOWALEXPORTS. 2D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS WITH (11) D.B. INCOME TAX APPEAL NO. 254/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SMT. NIRMALAAGARWAL.WITH (12) D.B. INCOME TAX APPEAL NO. 278/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI GOVIND MODI. WITH (13) D.B. INCOME TAX APPEAL NO. 307/2008COMMISSIONER OF INCOME TAX-I VS. M/S. AYAN FINTRADE (P) LTD. WITH (14) D.B. INCOME TAX APPEAL NO. 358/2008COMMISSIONER OF INCOME TAX-I VS. BHAGWAN DAS GUPTA HUF. WITH (15) D.B. INCOME TAX APPEAL NO. 384/2008COMMISSIONER OF INCOME TAX-I VS. BHAGWAN DAS GUPTA HUF.WITH (16) D.B. INCOME TAX APPEAL NO. 395/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. NAMAN EXPORTS. WITH (17) D.B. INCOME TAX APPEAL NO. 401/2008COMMISSIONER OF INCOME TAX-I VS. SHRI BHAGWAN DAS GUPTA(HUF). WITH (18) D.B. INCOME TAX APPEAL NO. 579/2008COMMISSIONER OF INCOME TAX-I VS. M/S. GOENKA EXPORTS LTD.WITH (19) D.B. INCOME TAX APPEAL NO. 617/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SH. OMKAR VIJAY. WITH(20) D.B. INCOME TAX APPEAL NO. 669/2008 COMMISSIONER OF INCOME TAX-I VS M/S. ALPANA GEMS. WITH (21) D.B. INCOME TAX APPEAL NO. 8/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI RAJ KUMARGOYAL. WITH 3D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS (22) D.B. INCOME TAX APPEAL NO. 11/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. ADITYAGEMS.WITH(23) D.B. INCOME TAX APPEAL NO. 16/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. VINODINTERNATIONAL.WITH(24) D.B. INCOME TAX APPEAL NO. 17/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. S.L.EXPORTS.WITH(25) D.B. INCOME TAX APPEAL NO. 23/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. VINAYAKWOOD & IRON CRAFT.WITH(26) D.B. INCOME TAX APPEAL NO. 51/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(27) D.B. INCOME TAX APPEAL NO. 52/2009COMMISSIONER OF INCOME TAX-I VS SHRI RAMESH CHANDMAHESHWARI.WITH(28) D.B. INCOME TAX APPEAL NO. 55/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(29) D.B. INCOME TAX APPEAL NO. 56/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(30) D.B. INCOME TAX APPEAL NO. 58/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(31) D.B. INCOME TAX APPEAL NO. 59/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAKESH R. PUROHIT.WITH(32) D.B. INCOME TAX APPEAL NO. 60/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH 4 D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS 4 D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS (33) D.B. INCOME TAX APPEAL NO. 70/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAKESH R. PUROHIT.WITH(34) D.B. INCOME TAX APPEAL NO. 71/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAKESH R. PUROHIT.WITH(35) D.B. INCOME TAX APPEAL NO. 73/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(36) D.B. INCOME TAX APPEAL NO. 74/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(37) D.B. INCOME TAX APPEAL NO. 76/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(38) D.B. INCOME TAX APPEAL NO. 80/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(39) D.B. INCOME TAX APPEAL NO. 81/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. SUBHLAXMIEXPORTS.WITH(40) D.B. INCOME TAX APPEAL NO. 83/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SMT. BELA JAIN. WITH(41) D.B. INCOME TAX APPEAL NO. 88/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(42) D.B. INCOME TAX APPEAL NO. 90/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAKESH R. PUROHIT.WITH(43) D.B. INCOME TAX APPEAL NO. 91/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(44) D.B. INCOME TAX APPEAL NO. 95/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA. 5D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS WITH(45) D.B. INCOME TAX APPEAL NO. 96/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(46) D.B. INCOME TAX APPEAL NO. 105/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(47) D.B. INCOME TAX APPEAL NO. 106/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(48) D.B. INCOME TAX APPEAL NO. 128/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(49) D.B. INCOME TAX APPEAL NO. 129/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(50) D.B. INCOME TAX APPEAL NO. 130/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(51) D.B. INCOME TAX APPEAL NO. 133/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAKESH R. PUROHIT.WITH(52) D.B. INCOME TAX APPEAL NO. 134/2009COMMISSIONER OF INCOME TAX-I VS. SHRI MAN MOHAN KRISHANBAGLA.WITH(53) D.B. INCOME TAX APPEAL NO. 135/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(54) D.B. INCOME TAX APPEAL NO. 152/2009COMMISSIONER OF INCOME TAX-I VS. SHRI VIKASH AGRAWAL.WITH(55) D.B. INCOME TAX APPEAL NO. 208/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAJENDRA KUMARAGRAWAL.WITH 6 D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS (56) D.B. INCOME TAX APPEAL NO. 272/2009COMMISSIONER OF INCOME TAX-I VS. M/S. S.G. GEMS &JEWELLERY.WITH(57) D.B. INCOME TAX APPEAL NO. 293/2009COMMISSIONER OF INCOME TAX-I VS. SHRI VINAY KUMARSOGANI.WITH (58) D.B. INCOME TAX APPEAL NO. 343/2009COMMISSIONER OF INCOME TAX-I VS. SHRI RAMESH CHANDMAHESHWARI.WITH(59) D.B. INCOME TAX APPEAL NO. 363/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI SHIV BIHARISHARMA.WITH(60) D.B. INCOME TAX APPEAL NO. 467/2009COMMISSIONER OF INCOME TAX-I VS. M/S. SUMATI GEMS.WITH(61) D.B. INCOME TAX APPEAL NO. 480/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. UMESHSABOO.WITH(62) D.B. INCOME TAX APPEAL NO. 643/2009COMMISSIONER OF INCOME TAX-I VS. JITENDRA KUMAR NIGAM.WITH(63) D.B. INCOME TAX APPEAL NO. 83/2010COMMISSIONER OF INCOME TAX VS. SHRI MAHESH KUMARSHARMA.WITH(64) D.B. INCOME TAX APPEAL NO. 84/2010COMMISSIONER OF INCOME TAX VS. SHRI MAHESH KUMARSHARMA.WITH(65) D.B. INCOME TAX APPEAL NO. 91/2010COMMISSIONER OF INCOME TAX VS. SHRI MAHESH KUMARSHARMA.WITH (66) D.B. INCOME TAX APPEAL NO. 92/2010COMMISSIONER OF INCOME TAX VS. SHRI MAHESH KUMARSHARMA. 7D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS WITH(67) D.B. INCOME TAX APPEAL NO. 104/2010COMMISSIONER OF INCOME TAX VS. SHRI MAHESH KUMARSHARMA. WITH (68) D.B. INCOME TAX APPEAL NO. 114/2010COMMISSIONER OF INCOME TAX-I VS. JITENDRA KUMAR NIGAM. WITH (69) D.B. INCOME TAX APPEAL NO. 189/2010COMMISSIONER OF INCOME TAX-I VS. SHRI RAKESH R. PUROHIT. (66) D.B. INCOME TAX APPEAL NO. 92/2010COMMISSIONER OF INCOME TAX VS. SHRI MAHESH KUMARSHARMA. 7D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS WITH(67) D.B. INCOME TAX APPEAL NO. 104/2010COMMISSIONER OF INCOME TAX VS. SHRI MAHESH KUMARSHARMA. WITH (68) D.B. INCOME TAX APPEAL NO. 114/2010COMMISSIONER OF INCOME TAX-I VS. JITENDRA KUMAR NIGAM. WITH (69) D.B. INCOME TAX APPEAL NO. 189/2010COMMISSIONER OF INCOME TAX-I VS. SHRI RAKESH R. PUROHIT. WITH(70) D.B. INCOME TAX APPEAL NO. 190/2010COMMISSIONER OF INCOME TAX-I VS. RAKESH R. PUROHIT. WITH (71) D.B. INCOME TAX APPEAL NO. 265/2010COMMISSIONER OF INCOME TAX-I VS. SHRI JITENDRA KUMAR NIGAM.WITH (72) D.B. CROSS OBJECTIONS NO. 23/2011IND.B. INCOME TAX APPEAL NO. 363/2009 COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI SHIV BIHARISHARMA. WITH(73) D.B. INCOME TAX APPEAL NO. 59/2011COMMISSIONER OF INCOME TAX-I VS. SHRI O.P. GHIYA. WITH(74) D.B. INCOME TAX APPEAL NO. 60/2011COMMISSIONER OF INCOME TAX-I VS. SHRI O.P. GHIYA. WITH(75) D.B. INCOME TAX APPEAL NO. 143/2011COMMISSIONER OF INCOME TAX-III VS. SHRI MAHESH KHANDELWAL. WITH (76) D.B. INCOME TAX APPEAL NO. 181/2011COMMISSIONER OF INCOME TAX-I VS. M/S. SILVER GALLERY. WITH (77) D.B. INCOME TAX APPEAL NO. 225/2011COMMISSIONER OF INCOME TAX-I VS. K.L. TAMBI & CO. WITH(78) D.B. INCOME TAX APPEAL NO. 227/2011COMMISSIONER OF INCOME TAX-I VS. SMT. ANSHU JAIN. 8 D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS WITH(79) D.B. INCOME TAX APPEAL NO. 236/2011COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. UMESH SABOO.WITH(80) D.B. INCOME TAX APPEAL NO. 315/2011COMMISSIONER OF INCOME TAX-I VS. SMT. MAMTA SOGANI.WITH(81) D.B. INCOME TAX APPEAL NO. 316/2011COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. NAMAN GEMS(P) LTD.WITH(82) D.B. INCOME TAX APPEAL NO. 373/2011COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. UMESH SABOO.WITH(83) D.B. INCOME TAX APPEAL NO. 374/2011COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. SMT. SUDHASHARMA.WITH(84) D.B. INCOME TAX APPEAL NO. 376/2011COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. NAMAN GEMS(P) LIMITED.WITH(85) D.B. INCOME TAX APPEAL NO. 381/2011COMMISSIONER OF INCOME TAX VS, M/S. BHURAMAL RAJMAL SURANA.WITH(86) D.B. INCOME TAX APPEAL NO. 554/2011COMMISSIONER OF INCOME TAX-I VS. SHRI O.P. GHIYA(SINCEDECEASED) THROUGH LEGAL HEIRS.WITH(87) D.B. INCOME TAX APPEAL NO. 570/2011COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. NAMAN GEMS(P) LTD.WITH(88) D.B. INCOME TAX APPEAL NO. 591/2011COMMISSIONER OF INCOME TAX VS. M/S. GUPTA JEWELS CORPN.WITH(89) D.B. INCOME TAX APPEAL NO. 612/2011COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. UMESHSABOO. 9 D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS WITH (90) D.B. INCOME TAX APPEAL NO. 628/2011 COMMISSIONER OF INCOME TAX VS. SMT. MAMTA SOGANI. WITH (91) D.B. INCOME TAX APPEAL NO. 334/2009COMMISSIONER OF INCOME TAX-I VS. M/S. BHANSALI TRADING CORPN. WITH (92) D.B. INCOME TAX APPEAL NO. 15/2009COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. AARAVINTERNATIONAL. WITH (93) D.B. INCOME TAX APPEAL NO. 456/2009COMMISSIONER OF INCOME TAX-I VS. M/S. EURO JEWELS. WITH (94) D.B. INCOME TAX APPEAL NO. 220/2011COMMISSIONER OF INCOME TAX-I VS. M/S. DHADDA EXPORTS. WITH (95) D.B. INCOME TAX APPEAL NO. 284/2011COMMISSIONER OF INCOME TAX-I VS. M/S. DHADDA EXPORTS. WITH (96) D.B. INCOME TAX APPEAL NO. 311/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. HASTAKALAC-SCHEME, JAIPUR.WITH (97) D.B. INCOME TAX APPEAL NO. 698/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI RAJIV ARORA. WITH (98) D.B. INCOME TAX APPEAL NO. 76/2011COMMISSIONER OF INCOME TAX, JAIPUR-III, VS. M/S. J.K.JEWELERS INTERNATIONAL. WITH (99) D.B. INCOME TAX APPEAL NO. 46/2012COMMISSIONER OF INCOME TAX-I VS. M/S. ASHISH HANDICRAFTENTERPRISES. DATE OF JUDGMENT : 13.07.2016 10 WITH (94) D.B. INCOME TAX APPEAL NO. 220/2011COMMISSIONER OF INCOME TAX-I VS. M/S. DHADDA EXPORTS. WITH (95) D.B. INCOME TAX APPEAL NO. 284/2011COMMISSIONER OF INCOME TAX-I VS. M/S. DHADDA EXPORTS. WITH (96) D.B. INCOME TAX APPEAL NO. 311/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. M/S. HASTAKALAC-SCHEME, JAIPUR.WITH (97) D.B. INCOME TAX APPEAL NO. 698/2008COMMISSIONER OF INCOME TAX, JAIPUR-II VS. SHRI RAJIV ARORA. WITH (98) D.B. INCOME TAX APPEAL NO. 76/2011COMMISSIONER OF INCOME TAX, JAIPUR-III, VS. M/S. J.K.JEWELERS INTERNATIONAL. WITH (99) D.B. INCOME TAX APPEAL NO. 46/2012COMMISSIONER OF INCOME TAX-I VS. M/S. ASHISH HANDICRAFTENTERPRISES. DATE OF JUDGMENT : 13.07.2016 10 HON'BLE MR. JUSTICE MOHAMMAD RAFIQHON'BLE MR. JUSTICE DINESH CHANDRA SOMANI Mr. Anuroop Singhi with Mr. O.P. Pareek, Mr. R.B. Mathur, Mr.Sameer Jain, for the appellants. Mr. R.C. Shah, Mr. Naresh Gupta, Mr. Sanjay Jhanwar, Mr.Ajay Gupta, Mr. T.C. Jain, Mr. N.L. Agrawal, Mr. SudeshBansal, Mr. Gunjan Pathak, Mr. Vivek Singhal, Dr. S.L. Jain,Mr. P.K. Kasliwal, Mr. Mahendra Gargieya, Mr. Anant Kasliwal,Mr. R.K. Yadav, Mr. Siddharth Ranka, for the respondents. BY THE COURT(PER HON'BLE MOHAMMAD RAFIQ, J.): All these appeals are directed against order of theIncome Tax Appellate Tribunal and indisputably, the taxeffect in all of them, as brought to our notice, is less thanRs.20 lac. The Central Board of Direct Taxes, in exercise ofits power u/sec. 268A (1) of the Income-tax Act 1961 insupersession of the Boards instruction No.5/2014dt.10.7.2014, issued Circular No. 21/2015 dated 10.12.2015providing the monetary limits for filing appeals by theRevenue before the Tribunal, High Courts and Apex Courtwith an object to reduce litigation. Relevant para nos.3, 8, 9and 10 reads as under:- “3.Henceforth, appeals/SLPs shall not be filedin cases where the tax effect does not exceed themonetary limits given hereunder :- D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS S.Appeals in Income-taxMonetary Limit (inNo.mattersRs.) 1Before Appellate Tribunal10,00,000/- 2Before High Court20,00,000/-3Before Supreme Court25,00,000/- It is clarified that an appeal should not be filedmerely because the tax effect in a case exceedsthe monetary limits prescribed above. Filing ofappeal in such cases is to be decided on merits ofthe case. 4.xxxxxxxxx5.xxxxxxxxx6.xxxxxxxxx 7.xxxxxxxxx 8.Adverse judgments relating to the followingissues should be contested on meritsnotwithstanding that the tax effect entailed is lessthan the monetary limits specified in para 3 aboveor there is no tax effect: (a) Where the Constitutional validity of theprovisions of an Act or Rule are under challenge,or (b)Where Board's order, Notification,Instruction or Circular has been held to be illegalor ultra vires, or (c)Where Revenue Audit objection in thecase has been accepted by the Department, or (d)Where the addition relates toundisclosed foreign assets/bank accounts. 9.The monetary limits specified in para 3above shall not apply to writ matters and directtax matters other than Income tax. Filing ofappeals in other Direct tax matters shall continueto be governed by relevant provisions of statute &rules. Further, filing of appeal in cases of IncomeTax, where the tax effect is not quantifiable ornot involved, such as the case of registration oftrusts or institutions under section 12 A of the ITAct, 1961, shall not be governed by the limitsspecified in para 3 above and decision to file appeal in such cases may be taken on merits of aparticular case. (c)Where Revenue Audit objection in thecase has been accepted by the Department, or (d)Where the addition relates toundisclosed foreign assets/bank accounts. 9.The monetary limits specified in para 3above shall not apply to writ matters and directtax matters other than Income tax. Filing ofappeals in other Direct tax matters shall continueto be governed by relevant provisions of statute &rules. Further, filing of appeal in cases of IncomeTax, where the tax effect is not quantifiable ornot involved, such as the case of registration oftrusts or institutions under section 12 A of the ITAct, 1961, shall not be governed by the limitsspecified in para 3 above and decision to file appeal in such cases may be taken on merits of aparticular case. 10.This instruction will apply retrospectively topending appeals and appeals to be filedhenceforth in High Courts/Tribunals. Pendingappeals below the specified tax limits in para 3above may be withdrawn/not pressed. Appealsbefore the Supreme Court will be governed by theinstructions on this subject, operative at the timewhen such appeal was filed.” The extract of the paragraphs referred to supra, clearly indicates that limits specified in para 3 may not applyto certain exceptions specified in para 8. Para nos.9 and 10of the Circular if read conjointly, clearly envisage that thepresent instructions will apply retrospectively to all thepending appeals and appeals to be filed henceforth in HighCourts/Tribunals, subject to certain exceptions, where thetax effect even if is less than Rs.20 lac, can be preferred inHigh Courts. Taking note of the CBDT Circular dt. 10/12/2015and considering that in all these matters tax effect being lessthan what has been prescribed for filing appeal before theHigh Courts, the Revenue has chosen not to press them. It is,however, made clear that the substantial questions of lawraised in the instant appeals, if any, are left open to beexamined in an appropriate proceeding, if arises in future. At D.B. INCOME TAX APPAEL NO. 339/2008 & OTHER CONNECTED APPEALS the same time, we deem it appropriate to observe that if anyof these appeals falls in any of the exceptions as referred toin the Circular dt. 10/12/2015, the Revenue will be at libertyto move an application for revival thereof if so advised. Accordingly, in the light of the CBDT Circulardated 10.12.2015, the appeals stand dismissed as not pressed.Consequently, D.B. Cross Objections NO. 23/2011 also standsdismissed as not pressed. All the interim applications pendingin these appeals also stands disposed off. Office is directed to place a copy of this judgmenton record of each file. (DINESH CHANDRA SOMANI),J. (MOHAMMAD RAFIQ),J. Manoj.