TMI Blog2019 (8) TMI 1522X X X X Extracts X X X X X X X X Extracts X X X X ..... mit of ₹ 50,00,000/- as per the amendment carried out by the CBDT in Circular No.17/2019, dated 8th August, 2019, or any of the conditions etc. as available in the amended para 10 of Circular No.3/2018, dated 20th August, 2018. Accordingly, the appeals of the Revenue deserves to be dismissed. - IT(SS)A Nos.75 to 77/CTK/2018 AND Cross Objection Nos.03 to 05/CTK/2019 (Arising out of IT(SS)A Nos.75 to 77/CTK/2018) - - - Dated:- 20-8-2019 - SHRI CHANDRA MOHAN GARG, JM AND SHRI L.P. SAHU, AM For the Revenue : Shri Subhendu Dutta, DR For the Assessee : Shri P.K.Mishra, Advocate ORDER Per Bench: These are the appeals filed by the Revenue against the order passed by learned CIT(A)-2, Bhubaneswar for the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 vires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or (d) Where addition relates to undisclosed foreign income/undisclosed foreign assets (including financial assets)/ undisclosed foreign bank account. (e) Where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ED/DRI/SFIO/ Directorate General of GST Intelligence (DGGI). (f) Cases where prosecution has been filed by the Departm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preme Court 2,00,00,000 8. Going by the prescription of amended Circular No. 17/2019, dated 8th August, 2019, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in the appeal is admittedly less than the prescribed limit, i.e., ₹ 50,00,000/- for not filing the appeal, which is not maintainable as per the provisions of Section 268A of the Income Tax Act, 1961. 9. The coordinate bench of the Tribunal in ITA No.1398/Ahd/2004, order dated 14.08.2009 has dismissed the appeals filed by the Revenue below the monetary limit of ₹ 50,00,000/- as prescribed by the CBDT vide Circular No.17/2019, dated 8th August, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed. para5 of the circular is substituted by the following para: 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 disputedissuesexceedsthemonetarylimitspecifiedinpara3.No appeal shall be filed in respect of an assessment y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y further verifications, and to seek recall the dismissal of appeals and restoration of the appeals in the cases (i) in which it can be demonstrated that the appeals are covered by the exceptions, and (ii)which are inadvertently included in this bunch of appeals, wherein the tax effect, in terms of the CBDT circular (supra), exceeds ₹ 50,00,000. None opposes this prayer; we accept the same. We make it clear that the appellants shall be at liberty to point out the cases which are wrongly included in the appeals so summarily dismissed, either owing to wrong computation of tax effect or owning to such cases being covered by the permissible exceptions- or for any other reason, and we will take appropriate remedial steps in thisregard. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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