Case Law: CIT vs. Virendra & Co (Bombay High Court)

Low Tax Effect Circular is retrospective & applies to pending appeals

The department filed an appeal in June 2000, the tax effect of which was less than Rs. 10 lakhs. The assessee claimed, relying on Instruction No. 3/2011 dated 9.2.2011, that as the tax effect was less than Rs. 10 lakhs, the appeal was not maintainable. The department opposed the plea on the ground that the said Instruction was prospective and did not apply to appeals filed before 9.2.2011. HELD by the High Court dismissing the appeal:

CIT vs. Virendra & Co (Bombay High Court)