IN THE HIGH COURT OF BOMBAY AT GOA TAX APPEAL NO. 28 OF 2006 THE COMMISSIONER OF INCOME TAX, PANAJI GOA. ... Appellant Versus GENO PHARMACEUTICALS LTD., MAPUSA GOA. ... Respondent Ms. Asha Dessai, Advocate for the Appellant. Mr. M. S. Usgaonkar, Senior Advocate with Mr. I. Agha, Advocate for the Respondent. Coram:- D. G. KARNIK & F. M. REIS, JJ. Date:- 13th September, 2010 P.C. The learned Counsel for the Respondent points out that the tax effect in this Appeal is less than Rs.4,00,000/- and invites our attention to the instructions no.5 of 2008 dated 15th May, 2008, issued by the Central Board of Direct Taxes. In the said instructions,it is stated that Appeals shall be filed only in cases where a tax effect exceeds the monetary limit given thereunder and in respect of Appeals to the High Court the limit provided is Rs.4,00,000/-. Thus, the present Appeal is below the limit prescribed in the Circular. 2. In the case of Commissioner of Income Tax vs. Pithwa Engg. Works (2005 BCR, 41), a Division Bench of this Court has held that the Circular is binding on the Department and the Revenue Authorities. It is further held that the Circular is applicable even in respect of old references which are pending and undecided on the date of issue of the Circular. Consequently, the Circular applies to the present Appeal. 3. Since the tax effect in this appeal is less than Rs.4,00,000/-, the appeal is disposed of in the light of the Circular mentioned above. D. G. KARNIK, J. F. M. REIS, J. arp/*