VidhiSangh

Supreme Court of India · 23/11/2017

DIRECTOR OF INCOME TAX, CIRCLE 26(1) NEW DELHI versus S.R.M.B. DAIRY FARMING (P) LTD.

[2017] 11 S.C.R. 1118 · 2017 INSC 1135

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Summary

The Revenue contended that the increased monetary limit in CBDT Instruction No 3 of 2011 applied only to appeals filed after its issue. Resolving conflicting decisions, the Court held that the instruction also applied to pending matters, subject to the safeguards recognised by the three-judge Bench in Surya Herbal.

Issues

  1. Whether CBDT Instruction No 3 of 2011 applies to Revenue appeals already pending when it was issued.
  2. How the Surya Herbal safeguards and conflicting later two-judge orders affect that application.

Held

Result

Revenue appeals dismissed. Instruction No 3 of 2011 applies to pending matters, subject to the two Surya Herbal caveats.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 1118.