2012 (4) TMI 229

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....  1. In paragraph 11 of the memo of appeal, the appellant has stated: 'The Appellant submits that the disputed claim in the Appeal is valued at Rs.6,69,770/and accordingly Court fee of Rs.10,000/has been paid on this Appeal.' It is not disputed before us that the claim in this appeal is less than Rs.10 Lacs. 2. Instruction No.3 of 2011 issued by the Central Board of direct Taxes says th....

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....have a retrospective effect. In "Commisisoner of Income Tax V/s Smt. Vijaya V. Kavekar" [Tax Appeal No.78 of 2007 with Tax Appeal No.76 of 2007], decided on 29th July, 2011 [Coram: Smt. Nishita Mhatre & M.J.Joshi, JJ] a Division Bench of this Court, while interpreting the very circular which is involved in this appeal i.e. Circular No.3 of 2011, has held that the circular has a retrospective opera....

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....or large number of matters. In our view in such cases, if attention of the High Court is drawn, the High Court will not apply the Circular ipso facto. For that purpose, liberty is granted to the Department to move the High Court in two weeks. The special leave petition is, accordingly disposed of." 5. We have carefully considered the facts of the present case and in our view this appeal does no....