2006 (6) TMI 262

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..... evenue effect in the appeal is less than Rs. 2 lakhs and according to the latest instructions of the Board bearing No. 2/05 dated 24-10-2005 revenue is not supposed to file the appeal before the Tribunal. Ld. D.R., on the other hand, relied on the order of the Assessing Officer. 3. We have duly considered the rival contention. The Hon ble Bombay High Court had considered this issue elaborately in the case of CIT v. Compco Colour Co. 254 ITR 565 and observed as under : "At the outset, Shri Jasani, learned counsel for the respondent, contended that considering the tax effect, this is not a fit case where the court should entertain the appeal for consideration. Mr. Jasani, learned counsel for the respondent, relied upon the judgment .....

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..... der : ................................................................................................................................................................................ (Tax effect) Rs. ................................................................................................................................................................................ ( i ) Appeal before the Appellate Tribunal (in income-tax matters) 1,00,000 ( ii ) Appeal under section 260A/reference under section 256(2) before the High Court 2,00,000 ( iii ) Appeal in the Supreme Court 5,00,000 ....................................... .....

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..... rs. 7. This instruction will come into effect from April 1, 2000. (Sd.) Anuradha Goyal, Deputy Secretary to the Government of India." The issue in the present case being one of some potential general significance in relation to the policy decision taken by the Board not to raise questions of law where the effect is less than the amount prescribed in the instructions issued by the Central Board of Direct Taxes with a view to reduce litigations before the High Courts and the Supreme Court, we propose to dispose of this appeal on this short contention canvassed by learned counsel for the respondent without examining the merits of the question of law sought to be raised in this appeal. Leaned counsel for the respondent also relied upo .....

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