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TMI Blog2015 (5) TMI 179X X X X Extracts X X X X X X X X Extracts X X X X ..... ction No.5 of 2014 dated 10.07.2014 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal - instructions issued in the Circulars by CBDT are applicable for pending cases also. Therefore, by keeping in view the ratio laid down in the aforesaid referred to cases [2011 (3) TMI 1488 - High Court of Delhi], we are of the considered view that Instruction No.5/14 dated 10.07.2014 issued by the CBDT are applicable for the pending cases also and in the said instructions, monetary tax limit for not filing the appeal before the ITAT is ₹ 4.00 lakhs. - Decided against Revenue. - ITA No.5512/Del/2010 - - - Dated:- 12-3-2015 - N. K. Saini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year. (3) Notwithstanding that no appeal or application for reference has been filed by an income-tax authority pursuant to the orders or instructions or directions issued under sub-section (1), it shall not be lawful for an assessee, being a party in any appeal or reference, to contend that the income-tax authority has acquiesced in the decision on the disputed issue by not filing an appeal or application for reference in any case. (4) The Appellate Tribunal or Court, hearing such appeal or reference, shall have regard to the orders, instructions or directions issued under sub-section (1) and the circumstances under which such appeal or application for reference was filed or not filed in respect of any case. (5) Every order, inst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 03.03.2011 by following the earlier order dated 02.08.2010 in ITA No.179/1991 in the case of CIT Delhi-III v. M/s. P.S. Jain Co. held that such circular would also be applicable to pending cases. 8. From the ratio laid down by the Hon'ble Delhi High Court, it is clear that the instructions issued in the Circulars by CBDT are applicable for pending cases also. Therefore, by keeping in view the ratio laid down in the aforesaid referred to cases, we are of the considered view that Instruction No.5/14 dated 10.07.2014 issued by the CBDT are applicable for the pending cases also and in the said instructions, monetary tax limit for not filing the appeal before the ITAT is ₹ 4.00 lakhs. 9. In view of the above, without g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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