TMI Blog2014 (2) TMI 1081X X X X Extracts X X X X X X X X Extracts X X X X ..... ls have been filed by department on 11.2.2012 and the tax effect in both the appeals is of Rs.1,71.663/- and Rs.1,76,354/-, respectively, the above instructions of CBDT are applicable and the appeals filed by department are liable to be dismissed as the tax effect in these appeals are below Rs.3 lakhs - Decided against Revenue. - I.T.A. No. 7347 & 7348/Mum/2012 - - - Dated:- 21-2-2014 - Shri B. R. Mittal,(JM) And B. R. Bhaskaran (AM),JJ. For the Appellant : Shri Pitambar Das For the Respondent : Written submissions dated ORDER Per Bench The Department has filed these appeals for assessment years 2005-06 2008- 09 against order of ld. CIT(A) both dated 14.9.2012 on common ground of deleting the disallowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeals is as to whether the assessee is having interest free loan more than the interest free advances given by it. Therefore, we consider the appeals filed by department in the light of CBDT Instruction 3 of 2011, dated 9.2.2011 as to whether they are maintainable or not. The relevant circular issued by CBDT reads as under: INSTRUCTION No.3/2011(F:No.279/MISC.142/2007-ITJ) dt.9.2.2011 Reference is Invited to Board s instruction No. 5/2008 dated 15-5-2008 wherein monetary limits and other conditions for filing departmental appeals (In Incometax matters) before Appellate Tribunal, High Courts and Supreme Court were specified. 2. In supersession of the above instruction, it has been decided by the Board that departmental appeals may ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced 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 issues in the case of every assessee. If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal, can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues 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 mone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, if the tax effect exceeds the specified monetary limits. 7. In the past, a number of instances have come to the notice of the Board, whereby an assessee has claimed relief from the Tribunal or the Court only on the ground that the Department has implicitly accepted the decision of the Tribunal or Court in the case of the assessee for any other assessment 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/counsels 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 for the reason of the tax effect being less than the specified mone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions of statute and rules. Further, filing of appeal in cases of Income-tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case. 11. This instruction will apply to appeals filed on or after 9th February 2011. However, the cases where appeals have been filed before 9th February 2011 will be governed by the instructions on this subject, operative at the time when such appeal was filed. 12. This issues under section 268A(1) of the Income-tax Act, 1961. 5. Since these appeals have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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