Tax Appeal v. M/S Gautam Construction And Developers, Ranchi

IN THE HIGH COURT OF JHARKHAND AT RANCHI Tax Appeal No.74 of 2008 Commissioner of Income Tax, Ranchi ………Appellant Versus M/s Gautam Construction and Developers, Ranchi ... Respondent ------ CORAM:HON'BLE THE ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE AMITAV K. GUPTA ----- For the Appellant:M/s. Deepak Roshan, Advocate For the Respondent:M/s. Piyush Poddar ------ 10/Dated: 13th April, 2018(Oral order)Per D.N. Patel, ACJ. 1)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 Hon'ble the Supreme Court. 2)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. 3)Having heard counsels for both sides and looking to the Circular dated 10th December, 2015 and also looking to the facts that monetarylimit involved in the present case is less than Rs.20 lakhsand that thefacts of this case do not fall within the purview of the exceptions pointedout at paragraph no.8of the aforesaid circular, this appeal is dismissed. 4)Interim relief, if any, stands vacated. (D. N. Patel, ACJ) (Amitav K. Gupta, J)