TMI Blog2018 (8) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... he tax effect in this appeal is below ₹ 20 Lakhs. Accordingly, appeal of the revenue is dismissed. - Decided against the revenue. - ITA No. 1555/Mum/2017, CO No. 208/Mum/2018 - - - Dated:- 2-8-2018 - Shri R. C. Sharma, AM And Shri Sandeep Gosain, JM Revenue by : Shri Chaitanya Anjaria Assessee by : Shri M.P. Chhajed ORDER Per R. C. Sharma ( A. M ) This is an appeal filed by the Revenue and Cross Objection by the assessee against the order of CIT(A)-33, Mumbai dated 06/12/2016 for A.Y.2010-11 in the matter of order passed u/s. 143(3) r.w.s. 147 of the IT Act, 1961. 2. At the outset learned AR pointed out that tax effect in the appeal decided by CIT(A) is below ₹ 20 lakhs. In order to cut down on frivol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mental appeals (in Income-tax matters) before Income Tax Appellate Tribunal, High Courts and SLPs/ appeals before Supreme Court were specified. 2. In supersession of the above Circular, it has been decided by the Board that departmental appeals may be filed on merits before Income Tax Appellate Tribunal and High Courts and SLPs/ appeals before Supreme Court keeping in view the monetary limits and conditions specified below. 3. Henceforth, appeals/ SLHs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder; S. No. Appeals/ SLPs in Income-tax matters Monetary Limit (Rs 1. Before Appellate Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 monetary limit specified in para 3. In other words, henceforth, appeals can be filed only with reference 10 the tax effect in the relevant assessment year. However in case of a composite order of any High Court or appellate authority, which involves more than one assessment year and common issues in more than one assessment year, appeals shall be filed in respect of all such assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al income assessed while determining the amount under item D. 7. In a case where appeal before a Tribunal or a Court is not filed only on account of the tax effect being less than the monetary limit specified above, the Pr. Commissioner of Income-tax/ Commissioner of Income Tax shall specifically record that even though the decision is not acceptable, appeal is not being filed only on the consideration that the tax effect is less than the monetary limit specified in this Circular . Further, in such cases, there will be no presumption that the Income-tax Department has acquiesced in the decision on the disputed issues. The Income-tax Department shall not be precluded from filing an appeal against the disputed issues in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for reference was filed or not filed in respect of any case. 9. As the evidence of not Cling appeal due to this Circular may have to be produced in courts, the judicial folders in the office of Pr. CsIT/ CsIT must be maintained in a systemic manner for easy retrieval. 10. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no lax effect: (a) Where the Constitutional validity of the provisions of an Act or Rule is under challenge, or (b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultravires, or (c) Where Revenue Audit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions/ references -; be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospects ;. to pending SLPs/ appeals/ cross objections/ references. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. 4. Considering the above CBDT circular, we found that this appeal of the revenue is not maintainable as the tax effect in this appeal is below ₹ 20 Lakhs. Accordingly, appeal of the revenue is dismissed. 5. The cross objection so filed by the assessee is in support of the order passed by the CIT(A). As we have already dismissed the Revenue appeal on the ground of tax effect, the cross objection filed by assessee is also dismissed. 6. In the result, appeal of the Revenue as well as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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