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TMI Blog2017 (5) TMI 1493X X X X Extracts X X X X X X X X Extracts X X X X ..... 16(3) of the Wealth Tax Act, 1957 (in short 'the Act'). 2. This bunch of appeals relating to three different assessee were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. The learned Authorized Representative for the assessee at the outset pointed out that the tax effect arising in the present appeals is low and consequently, the appeals of the Revenue are not maintainable. Our attention was drawn to the summary of tax demand in all the cases and he pointed out that except in WTA No.16//PUN/2013, relating to Vijay Arjundas Luthra, wherein tax effect was more than Rs. 2 lakhs and in all the other appeals, separate orders have been passed by the CWT(A), the tax effect is less than Rs. 2 la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve shall not apply to writ matters and direct tax matters other than income tax. It was further provided that filing of appeals in other direct tax matters shall continue to govern by the relevant provisions of Statute and Rules. In other words, the increased monetary limit of Rs. 4 lakhs would not apply to the appeals being filed under wealth-tax, gift-tax, estate duty, etc. and the earlier Instruction No.02/2005, dated 24.10.2005 was to be applied i.e. with tax effect of Rs. 2 lakhs. He further pointed out that the said issue has been considered by the Chennai Bench of Tribunal in the ACIT Vs. Dr. M.P. Naresh Kumar in WTA N.29/Mds/2012 and Cross Objection No.119/Mds/2012, relating to assessment year 2006-07, order dated 28.08.2012. 4. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tary limits for filing appeals, applied only to income-tax matters. On going through Instruction No.3/2011, it is seen that at para 10 it is mentioned that monetary limits specified therein did not apply to direct tax matters other than income-tax. It is also mentioned that filing of appeals in other direct tax matters shall be governed by relevant provisions of statute and rules. Relevant para of Instruction No.3/2011 of 9.2.2011 is reproduced hereunder for brevity:- "10. The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income-tax, filing of appeals in other direct tax matters shall continue to be governed by relevant provisions of statute and rules. Further, filing of appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uction No.5/2007 dated 16.7.2007 and Instruction No.1979 dated 27.3.2000. Para 5 of Instruction No.1979 dated 27.3.2000 clearly mentions that the said instruction applied to other direct tax matters also including wealth-tax, gift-tax and Estate Duty. Para 4 of Instruction No.5 of 2007 dated 16.7.2007 clearly mentions that except for changes in monetary limits mentioned therein, earlier Instruction No.1979 dated 27.3.2000 continued to apply. In our opinion, CBDT Instruction No.5/2008 which states that it supersedes circulars relating to monetary limits for filing departmental appeals in income-tax matters, will not effect the monetary limits for filing departmental appeals in relation to other direct tax matters mentioned at para 5 of Instr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the view that the Instruction No.5/2008 as also Instruction No.3/2011 will apply to wealth-tax matter also, we are fortified by the decision of Hon'ble Kerala High Court in the case of CWT v. John L. Chackola in WTA No.108 of 2009 dated 7th December, 2009. Though in the said case, it was decided that the appeal was indeed maintainable, it was so ruled for a reason that the appeal was filed prior to the date of Instruction No.5/2008 coming into effect and prior to that date limits mentioned in Instruction No.2/2005 only applied. Nevertheless, it is clear from this decision of Hon'ble Kerala High Court that the said Instructions did apply to wealth-tax matters also. 7. As for the issue whether monetary limits will also apply to penalty app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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