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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 ..... 04.10.2010 of ld. CIT(A)-IV, New Delhi. 2. During the course of hearing, ld. D.R., although supported the order of the Assessing Officer, but could not controvert this fact that tax effect in this appeal is less than Rs. 4,00,000/-. 3. After considering the submissions of the ld. D.R. and the material on record, it is noticed that Section 268A has been inserted by the Finance Act, 2008 with ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment year; or (b) any other assessee for the same or any other assessment 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inding on those authorities, therefore, the department ought not to have filed the appeal in view of the above said provisions mentioned in section 268A of the Act since the tax effect in the instant case is less than the amount prescribed for not filing the appeal. 5. It is noticed that the CBDT has issued Instruction No.5 of 2014 dated 10.07.2014, by which the CBDT has revised the monetary limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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