2012 (11) TMI 1242

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....ar Yadav, JM This appeal by the Revenue is directed against the order of the CIT(A)-III Pune dated 30-12-2010 on the ground of allowing the provisions claimed by the assessee. 2. At the outset of hearing, the learned Representative for the assessee raised a preliminary objection by pointing out Instruction No. 3/2011 dated 09.02.2011 issued by the Central Board of Direct Taxes (CBDT) fixing ....

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.... find that in a recent decision, the co-ordinate Bench of ITAT Mumbai, in the case of ITO v Shri Ashok G. Dhandhariai, Mumbai in ITA No2460/Mum/2010 dated 28.2.2011 held that the revised Instructions dated 9.2.2011 (supra) are applicable to the present cases also, although such appeals have been filed on a prior date. 4. In view of the precedent brought out by the learned Representative for the....

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.... At para 12 page 184 of the decision in the case of Chhajer Packaging & Plastics Pvt. Ltd. it has been held as follows: 'Otherwise also, paragraph of this circular itself saves certain appeals from being obstructed due to financial limits. Paragraph 3 reads: 'The Board has also decided that in cases involving substantial question of law of importance as well as in cases where the same questi....

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....(1)(c) of the Act and hence came under the exception clause under the CBDT Circular and was not obstructed by the monetary limit of Rs. 3 lakhs prescribed by the Circular. Therefore the case of 300 ITR 180 is inapplicable to the facts of our case. Further Instruction No. 5 dt. 15.5.2008 fixing the monetary limit at Rs. 2 lakhs is similar to that of Instruction No. 3 dated 9.2.2011 which the assess....