Supreme Court · 2017 INSC 1135 · Decided 23 November 2017

Director of Income Tax, Circle 26(1) New Delhi v. S.R.M.B. Dairy Farming (P) LTD.

Court
Supreme Court of India
Citation
2017 INSC 1135 · [2017] 11 S.C.R. 1118
Case number
CIVIL APPEAL No. 19650/2017
Decided
23 November 2017
Bench
R.F. NARIMAN, SANJAY KISHAN KAUL (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 136; Income Tax Act

Headnote

Income Tax Act, 1961: Circular/Government order/Notification - Circular No.3 of 2011 dated 9.2.2011 issued by IT department providing that appeals are not to be filed before the High Courts where tax impact was less than Rs.JO lakhs - Applicability of the circular - Held: Circular dated 9.2.2011 would apply even to pending matters but subject to the two caveats provided in order passed by D a three-Judge Bench of Supreme Court in Surya Herbal case - The two caveats are: (i) Circular dated 9.2.2011 should not be applied by High Courts ipso facto when the

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