TMI Blog2018 (8) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... ative retrospectively to the pending appeals. - Revenue should not have filed the instant appeal before the Tribunal. - Revenue appeal dismissed. - ITA No. 3074/Del/2015, CO No. 04 / Del/2016 - - - Dated:- 13-8-2018 - Sh. N. K. Saini, AM And Sh. K. N. Chary, JM Assessee by : None Revenue by : Sh. K. Tewari, Sr. DR ORDER Per N. K. Saini, AM: The appeal by the department and the Cross Objection of the assessee are directed against the order dated 23.03.2015 of ld. CIT(A)-8, New Delhi. 2. Nobody was present on behalf of the assessee nor an adjournment was sought. We, therefore, proceeded ex-parte qua the assessee and the appeal alongwith the Cross Objection are decided after hearing the ld. CIT DR on merit. It is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... session 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/ SLPs 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 (in Rs) 1 Before Appellate Tribunal 20,00,000/- 2 Before High Court 50,00,000/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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 to 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 assessment years even if the tax effect is less than the prescribed monetary limits in any of the year(s), if it is decided to file appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led 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 of the same assessee for any other assessment year, or in the case of any other assessee for the same or any other assessment year, if the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 tax 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 ultra fires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or (d) Where the addition relates to undisclosed foreign assets/ bank accou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss objections/references. Pending appeals below the specified tax limits in pare 3 above may be withdrawn/ not pressed. 14. The above may be brought to the notice of all concerned. 15. This issues under Section 268A of the Income-tax Act 1961. 5. From Clause 12 13 of the above said circular it is clear that these instructions are applicable to the pending appeals also and as per clause 13, there is clear cut instruction to the department to withdraw or not to press the appeals filed before the ITAT wherein tax effect is less than ₹ 20,00,000/-. These instructions are operative retrospectively to the pending appeals. 6. Keeping in view the CBDT Circular No. 3 of 2018 dated 11.07.2018 and also the provisions of Se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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