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2019 (4) TMI 837 - BOMBAY HIGH COURTMonetary limits for filing appeals or seeking a reference - Low tax effect - maintainability of revenue appeal before High Court - HELD THAT:- Latest set of instructions are contained in CBDT Circular dated 11.7.2018 which lays down the monetary limit at ₹ 50 Lakhs of tax effect to enable the Revenue to file appeal before the High Court against the judgment of the Income Tax Appellate Tribunal. All the Authorities of the Department are bound by these instructions and cannot prefer the appeal in disregard of such limits or directives. As per this provision, in case of a composite order of the Tribunal involving more than one assessment year and common issues, it would be open for the Revenue to prefer appeals in relation to all assessment years provided tax effect in one of the assessment year is higher than the monetary limit prescribed and the Revenue decides to carry the issue in appeal in such assessment years. In the present case, such facts are not involved. Revenue, however, argued that the order passed by the Appellate Commissioner gave rise to two separate appeals at the hands of the Revenue as well as the assessee. These appeals were decided separately by the Tribunal. The Revenue has decided to file appeal in both the cases. Such an instance, however, would not be covered by exception clause noted above contained in the CBDT Circular. This appeal is, therefore, dismissed on the ground of low tax effect.
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