The Commissioner Of Income Tax, Jamshedpur … v. Sri Bhola Nath Choudhary

IN THE HIGH COURT OF JHARKHAND AT RANCHI Tax Appeal No. 03 of 2014 The Commissioner of Income Tax, Jamshedpur … …Appellant Versus Sri Bhola Nath Choudhary, C/o Baroda Transport, P.O. & P.S.- Gamharia, Town - Jamshedpur, District - East Singhbhum … …...…......Respondent ------ CORAM:HON'BLE THE ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE AMITAV K. GUPTA ----- For the Appellant: M/s. Deepak Roshan, Sr. Standing Counsel, Rahul LambaFor the Respondent: ------ 04/Dated: 1st August, 2018(Oral order) Per D.N. Patel, ACJ. 1)Counsel appearing for the appellant submitted that in view of the latest circular issued by the Central Board of Direct Taxes i.e. CBDT Circular No.3 of 2018 dated 11[th] July, 2018, which gives revised monetary limits for filing of appeals by the Income Tax Department before the Income Tax Appellate Tribunal and the High Courts for filing S.L.P. before Hon'ble The Supreme Court. 2)With respect to the High Courts, monetary limit has been enhanced to Rs.50.00 Lakhs. 3)This Circular provides for some exceptions also in Paragraph No.10 thereof and looking to Paragraph No.13 thereof, it appears that aforesaid instructions contained in the Circular to be applied retrospectively to the pending appeals before the High Courts. Photocopy of the aforesaid circular is taken on record. 4)Having heard counsel for the appellant and looking to the Circular No.03 of 2018 dated 11[th] July, 2018 and also looking to the facts and circumstances of the case, monetary limit involved in the present case is less than Rs.50.00 Lakhs and the fact of this case is not falling within the exceptions pointed out at Paragraph No.10 of the Circular. 5)In view of the aforesaid Circular, this appeal is dismissed. 6)Interim relief, if any, stands vacated. (D. N. Patel, ACJ) (Amitav K. Gupta, J)