TMI Blog2015 (6) TMI 884X X X X Extracts X X X X X X X X Extracts X X X X ..... III vs. M/s P.S. Jain & Co. [2010 (8) TMI 702 - DELHI HIGH COURT] it is clear that the instructions issued in the circulars by CBDT are applicable for pending cases also. Therefore, we are of the considered view that Instruction No. 5 of 2014 dated 10th July, 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 ₹ 4,00,000/-. - Decided against revenue. - ITA No. 5755/Del/2012 - - - Dated:- 7-5-2015 - H S Sidhu, JM And J S Reddy, AM,JJ. For the Appellant : Shri J P Chandraker, Sr. DR For the Respondent : Shri Girish Kumar Arora, CA ORDER Per H S Sidhu, JM. This appeal by the Department is directed against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held in following cases: ITO Vs. Murlidhar Bhagwan Das (SC) 52 ITR 335 CIT Vs. Manik Sons (SC) 74 ITR 1 CIT Vs. TPSH Selwa Saroja (Mad.) 244 ITR 671 RH Dave Vs. CIT(Cal.) 140 ITR 1035 Consolidated Coffee Ltd. Vs, ITO(Kar.) 155 ITR 729 CIT Vs. Rafiullah Tea Industries (P) Ltd. (Gau.) 234 ITR 433 Marubeni India (P) Ltd. Vs. CIT(Del.) 328 ITR 306 3. Whether in the facts and circumstances of the case the Ld. Commissioner of Income tax (Appeals) has erred in law in directing the A.G. to allow the deduction of ₹ 38,641/- towards late payment of provident fund made U/S 2(24)(x) read with section 36(1) (va) of the LT. Act, 1961 in A.Y. 2006-07 whereas the appeal was for A.Y. 2005-06 and thus the Ld. CIT(A) has travele ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act). 4. On the other hand, Ld. DR supported the order of AO, but could not controvert this fact that the tax effect in this appeal is less than ₹ 4,00,000/-. 5. After considering the submissions of both the parties and the material on record, it is noticed that section 268A has been inserted by the Finance Act, 2008 with retrospective effect from 01/04/1999. The relevant provisions contained in section 268A read as under: 268A. (1) The Board may, from time to time, issue orders, instructions or directions to other income-tax authorities, fixing such monetary limits as it may deem fit, for the purpose of regulating filing of appeal or application for reference by any income-tax authority under the provisions of this Chap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gly. 6. It is not in dispute that the Board s instruction or directions issued to the other income-tax authorities are binding on those authorities, therefore, the Department ought not to have filed the appeal in view of the above mentioned section 268A since the tax effect in the instant case is less than the amount prescribed for not filing the appeal. 7. It is noticed that the CBDT has issued Instruction No. 5/2014 dated 10th July, 2014, by which the CBDT has revised the monetary limit to ₹ 4,00,000/- for filing the appeal before the Tribunal. 8. Keeping in view the CBDT Instruction No. 5 of 2014 dated 10th July, 2014 and also the provisions of section 268A of Income Tax Act, 1961, we are of the view that the Revenue shou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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