LETTER NO. DIT(L&R)-I/NZ/SLP/393/2011/5091, DATED 16-9-2011

SECTION 260A OF THE INCOME-TAX ACT, 1961 – HIGH COURTS, APPEALS TO – SUMMARY DISMISSAL OF DEPARTMENTAL APPEAL BY DELHI HIGH COURT BY RETROSPECTIVE

LETTER NO. DIT(L&R)-I/NZ/SLP/393/2011/5091, DATED 16-9-2011

Ref : Directorate of L&R letters dated 2-9-2011 for filing of review petition and dated 1-9-11 for sending SLP proposal

Kindly refer to the above.

2. Subsequent to the letter under reference, some suggestions have been received that instead of filing review petition, a recall petition may be filed in High Court on the basis of Supreme Court order in Surya Herbal case. This is because for filing review petition there is a time limit of 30 days from the date of relevant order which will not be applicable for filing recall petition. In view of the above, the field officers are advised to file review or recall petition as may be suggested by the Sr. Standing Counsel in a particular case.

3. Another confusion in the field relating to this matter is whether or not review petition is to be filed in those cases where tax effect is less than Rs. 4 lakhs. It was suggested by this Directorate letter No. Addl DIT(L&R)-I/SLP/2011-12/4502 dated 1-9-2011 addressed to all CCsIT/DGsIT at Delhi that proposal to file SLP was not to be sent in such cases. In this regard it is clarified that as per letter dated 24-8-2011 the Board’s decision only not to file SLP due to smallness of tax effect was conveyed. However since appeal to High Court was filed as per the relevant Instruction applicable at the time of filing, review/recall petition in such cases is also to be filed where tax effect is less than Rs. 4 lakhs, if filing appeal to High Court was permissible as per Instruction applicable at the time of filing.

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