In this case, the Revenue had filed an appeal against the assessee before the Bombay High Court. The assessee argued that the appeal should be dismissed as the tax effect involved was less than Rs.2 crores, in accordance with the monetary threshold laid down by CBDT circulars. The Revenue contended that the appeal was validly filed in 2018, when the applicable limit was Rs.50 lakhs, and that the appeal amount was Rs.74.69 lakhs. The Revenue also relied on a CBDT letter dated 20 August 2018 (2018) 407 ITR 7 ( St.) asserting that the appeal fell within an exception to the monetary limit restriction. The Bombay High Court held that though the Revenue had filed the appeal in 2018 when the applicable monetary limit for filing appeals was Rs.50 lakhs, the subsequent increase in the monetary threshold by the CBDT would still apply to pending appeals at the time of disposal. The Court referred PCIT v. Premier Industrial Corporation Ltd (2025) 172 taxmann.com 289 ( Bom)( HC) to its earlier judgments, including CIT v. V.M. Salgaonkar and Brothers (P) Ltd (2024) 169 Taxman 597 ( Bom)( HC) )and Pr. CIT v. IPL Loan Trust,(. 2025] 171 taxmann.com 725 (Bom)( HC), PCIT v. Axis AD Print Media (India) Ltd [2025] 172 taxmann.com 114 (Bom)( HC) where it had held that while revised monetary limits apply retrospectively to pending cases, any exceptions to those limits introduced by later CBDT circulars—such as the letter dated 20 August, 2018 (2018) 407 ITR 7 ( St.) relied upon by the Revenue would apply only prospectively, i.e., from the date of their introduction. Since the present appeal was filed before 20 August, 2018 and was not covered by any exception at the time of filing, the Court found no justification to keep it pending merely because an exception was introduced later. Accordingly, the Court upheld the assessee’s objection and disposed of the appeal on the ground of low tax effect under the revised monetary limits, without expressing any opinion on the substantive legal issues involved, which were kept open for future adjudication. (ITA No. 1718 of 2018 dt. 11.06.2025 )
PCIT v. Hans Chemicals Pvt. Ltd. (Bom)( HC) www.itatonline .org
S. 268A : Appeal – Instructions -Circulars – Monetary limits -2 crores- Applicability of revised CBDT monetary limits (Circular No 3 of 2018 dt 11-7 2028 (2018) 405 ITR 29 ( St), Circular 9 of 2024 , dated 17 th September , 2024 (2024) 468 ITR 1 ( St))- Exceptions Apply Prospectively – Pending Appeals Covered by revised threshold – Appeal of Revenue is dismissed.[ S.260A ]
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