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TMI Blog2011 (2) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000/- on the basis of finding given by the Tribunal vide order dated 25.9.1989 when the said order was not in conformity with the earlier findings of the Tribunal for the Asstt. Years 1976-77 and 77-78?" Learned counsel appearing for respondent raised a preliminary objection that in the case, tax liability is less than Rs.2 lakh, so the aforesaid reference is incompetent and may be decided in the light of the judgment of this Court in Commissioner of Income- Tax vs. Ashok Kumar Manibhai Patel and Co., (2009) 317 ITR 386 (MP). So far as factual position that the tax liability in the present reference is less than Rs.2 lakh is not disputed by Shri Sanjay Lal, learned counsel for the revenue though he insisted that the aforesa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew, the Board's circular dated March 27, 2000, is very much applicable even to the old references which are still undecided. The Department is not justified in proceeding with the old references wherein the tax impact is minimal. Thus, there is no justification to proceed with decades old references having negligible tax effect.'". The CBDT has also issued a Circular dt.15.5.2008 which reads as under: Circulars INCOME TAX Instruction No. 5 of 2008, dt.15th May, 2008 Subject:- Revision of monetary limits for filing appeals by the Department before Income-tax Appellate Tribunals, High Courts and Supreme Court- Measures for reducing litigation-Reg. Reference is invited to Board's instructions No.1979 dt. 27th March ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ced in the order to be appealed against. 5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issue in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal shall be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issue exceeds the monetary limit specified in para 3. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In other words, henceforth, appeals will be filed only with reference to the tax effect in the relevant assessment year. However, in case of a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year or in the case of any other assessee for the same or any other assessment year, by not filing an appeal on the same disputed issues. The Departmental representatives/counsel must make every effort to bring to the notice of the Tribunal or the Court that the appeal in such cases was not filed or not admitted only by reason of the tax effect being less than the specified monetary limit and therefore, no inference should be drawn that the decisions rendered therein were acceptable to the Department. Accordingly, they should impress upon the Tribunal or the Court that such cases do not have any precedent value. 8. Adverse judgments relating to the following should be contested irrespective of the tax effect: (a) Where ..... X X X X Extracts X X X X X X X X Extracts X X X X
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