2001 (11) TMI 238

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....t, contended that considering the tax effect, this is not a fit case wherein the court should entertain the appeal for consideration. Mr. Jasani, learned counsel for the respondent, relied upon the judgment of this court in the case of CWT v. Exe- cutors of Late D. T. Udeshi [1991] 189 ITR 319, wherein the appeal was dis- posed of on this count alone. He pointed out that the tax effect, if at all the Revenue succeeds, is going to be in the sum of Rs. 46,410 for the assessment year 1990-91. He took us through Instruction No. 1979, issued by the Central Board of Direct Taxes ("the CBDT" for short) vide Circular F. No. 279/126/98- ITJ, dated March 27, 2000, which reads as under :   "Instruction No. 1979   F. No. 279/126/98-ITJ ....

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....ach case should individually satisfy the new monetary limits. The working out of monetary limits will therefore not take into consideration the cumulative revenue effect as envisaged in the Board's earlier instruction referred to above.   3. Adverse judgments relating to the following should be contested irres- pective of revenue effect :   (i) Where Revenue audit objection in the case has been accepted by the Department.   (ii) Where the Board's order, notification, instruction or circular is the subject-matter of an adverse order.   (iii) Where prosecution proceedings are contemplated against the asses- see.   (iv) Where the constitutional validity of the provisions of the Act are under challenge....