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TMI Blog2016 (4) TMI 1289X X X X Extracts X X X X X X X X Extracts X X X X ..... Court, below the specified tax limits as stated in paragraph 3 of the Circular, are liable to be withdrawn/not pressed. It is appropriate to notice that the Central Board of Direct Taxes has issued the instructions contained in the said Circular in exercise of its power available to it under Section 268-A(i) of the Income Tax Act,1961 and hence, the Circular has statutorily enforceable character. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;B' Bench, Chenai in I.T.A.No.2509/Mds/91. 2. Learned counsel for the respondent-assessee, in the form of a memorandum, has raised a preliminary objection with regard to the sustainability of the Department's Tax Case Appeal, based upon the instructions contained in Circular No.21 of 2015, dated 10.12.2015 issued by the Central Board of Direct Taxes, New Delhi. 3. The said Circular No.21 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ffect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case." "10. The instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be dismissed either as withdrawn or not pressed. 5. At this stage, learned Standing Counsel appearing for the appellant/Revenue (Department) urged that having noticed the instructions contained in the said Circular, she has already taken up the matter with the Department, but however, she has not received any instructions in writing from the Department and hence, she cannot withdraw this appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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