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TMI Blog2012 (4) TMI 229X X X X Extracts X X X X X X X X Extracts X X X X ..... e of circular dated 9th February, 2011, therefore, the circular does not apply to the present case – Held that:- the circular has a retrospective operation and instructions contained in the circular would apply even to the pending cases as decided in Commisisoner of Income Tax V/s Smt. Vijaya V. Kavekar -2007 - TMI - 71366 - ITAT PUNE-A – held against assessee the appeal has a cascading effect and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Instruction No.3 of 2011 issued by the Central Board of direct Taxes says that the appeal shall not be filed in the High Court under section 260A of the Income Tax Act where the tax effect does not exceed a sum of Rs.10 Lacs. Since in the present appeal the tax effect does not exceed Rs.10 Lacs, the appeal is required to be dismissed. 3. Mr. Sharma, learned A.S.G. however submits that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i.e. Circular No.3 of 2011, has held that the circular has a retrospective operation and instructions contained in the circular would apply even to the pending cases. Therefore, the contention of Mr. Sharma that the circular does not apply to the pending cases is rejected. 4. Mr. Sharma then contended that the appeal has a cascading effect and, therefore, the appeal should be entertained. In sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y considered the facts of the present case and in our view this appeal does not involve any cascading effect and it is not pointed to us that several appeals arise the point which is involved in this appeal. 6. The questions of law as framed in the appeal memo are: i] Whether on the facts and circumstance of the case the tribunal was justified in reversing the order of the CIT(A)? ii] Wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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