2025 (12) TMI 1412

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....ction"). 2. The learned advocate appearing on behalf of the Revenue submitted that when the present Appeal was lodged on 7th December, 2005, and filed on 16th January, 2009, the same was below the monetary limits as set out in the CBIC Instruction dated 2nd November, 2023. This apart, he submitted that the present case would fall within the exception set out in Clause 2(c) of the said CBIC Instruction dated 2nd November, 2023, which categorically states that adverse judgments relating to classification and refund issues, which are of a legal and/or recurring nature, have to be prosecuted notwithstanding the monetary limits. Consequently, it was the submission of the learned advocate that the above Appeal can be entertained notwithstandin....

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.... prosecuted, or ought to be withdrawn. Hence, the first argument of the Revenue on this aspect lacks substance and is rejected. 4. As far as the second argument is concerned, namely, that the present Appeal can be prosecuted because it falls within the exception set out in Clause 2(c) of the CBIC Instruction dated 2nd November, 2023, we find that the exact same argument was also canvassed by the Revenue in relation to the Circular issued by the Central Board of Direct Taxes. This Court, after considering the aforesaid argument, was of the view that the exceptions set out in the Circular would apply only prospectively, and would have no Application, if they were introduced after the filing of the Appeal. Once such decision passed by this ....

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....evised monetary limits to the pending appeals and noting that the exception upon which the Revenue relies was unavailable before 20 August 2018, we uphold the objection on behalf of the assessee and dispose of these two appeals without any cost orders". (emphasis supplied) 5. As can be seen from this reproduction, this Court has time and again held that the monetary limits prescribed in the CBDT Circulars will apply to pending Appeals as well. In other words, for the purposes of the monetary limits, the Circular dated 17th September 2024 would apply to the present Appeal. However, this Court has held time and again that the exceptions carved out by the CBDT Circulars would apply only prospective and would have no application, if....