TMI Blog2013 (2) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... tion No.3/11, dated 09.02.2011 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 Rs. 3.00 lakhs – Against revenue - IT APPEAL NO. 658 (JUdh.) OF 2008, C.O. NO. 26 (JUdh.) OF 2009 - - - Dated:- 3-12-2012 - HARI OM MARATHA AND N.K. SAINI, JJ. G.R. Kokani for the Appellant. Sandeep Jhanwar for the Respondent. ORDER Hari Om Maratha, Judicial Memebr - The appeal filed by the Revenue and cross objection by the assessee are directed against the order of the CIT(A), Udaipur, dated 17.09.2008 for A.Y. 2002-03. 2. During the course of hearing, learned counsel for the assessee submitted that the tax effect in this appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, instruction or direction which has been issued by the Board fixing monetary limits for filing an appeal or application for reference shall be deemed to have been issued under sub-section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lhi 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.3/11, dated 09.02.2011 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 Rs. 3.00 lakhs. 10. In view of the above, without going into merits of the case, we dismiss the appeal filed by the Revenue. 11. As regards the cross objection filed by the assessee are concerned, the ld. counsel for the assessee stated at Bar that he has instructions not to press the Cross Objections and gave ..... X X X X Extracts X X X X X X X X Extracts X X X X
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