CIT vs. Surya Herbal Ltd (Supreme Court)

DATE: (Date of pronouncement)
DATE: September 1, 2011 (Date of publication)

Click here to download the judgement (surya_herbal_low_tax_effect_circular.pdf)

CBDT’s low tax effect circular not applicable to matters having “cascading effect”

The High Court, relying on CBDT’s Instruction No. 3/2011 dated 9-2-2011, dismissed the department’s appeal as not maintainable on the ground that the tax effect was less than Rs. 10 lakhs. The department filed a SLP in the Supreme Court. HELD allowing the Petition:

Liberty is given to the Department to move the High Court pointing out that the Circular dated 9th February, 2011, should not be applied ipso facto, particularly, when the matter has a cascading effect. There are cases under the Income – Tax Act, 1961, in which a common principle may be involved in subsequent group of matters 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.

Note: Impliedly, it is accepted that the Circular applies to pending matters as held in Delhi Race Club (Delhi High Court) & Laxmi Jewel (ITAT Mumbai). But see CBDT’s letter dated 02.09.2011

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