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TMI Blog2020 (9) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... against the orders of the Tribunal passed in each of the tax appeals, whereby, the Tribunal quashed and set aside the order passed by the Commissioner, Income Tax under Section263 of the Act, 1961. 2. At the outset, the learned Senior Counsel Mr. Tushar Hemani, raised preliminary objections with regard to the maintainability of these appeals as according to him, in each of the appeal, filed by the Revenue tax effect is less than the limit prescribed in the Circular issued by the Central Board of Direct Taxes being Circular No.17 of 2019 dated 08th August, 2019. 3. On the other hand, the learned Senior Standing Counsel Ms. Kalpana Raval submitted that the above referred circular would not be applicable in the appeals arising from the order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid Circular No.3 of 2018 was modified by Circular No.5 of 2019 dated 5th February, 2019. The Circular No.5 of 2019 reads as under: Circular No.5/2019 F. No. 279/Misc/M84/ 2018ITJ Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes Judicial Section New Delhi, 5th February 2019 Subject:- Monetary limits for filing/withdrawal of Wealth Tax appeals by the Department before ITAT, HCs and SLPs/appeals before SC through extending the scope of Circular 3 of 2018 Measures for reducing litigation. Reference is invited to Board's Circular No. 3 of 2018 dated 11.07.2018 (hereinafter, referred to as "the Circular") vide which monetary limits for filing of income tax appeals by the Department before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order to be appealed against." B. Para 11 of the circular shall read as follows. "The monetary limits specified in para 3 above shall not apply to writ matters. " 4. The said extension of the Circular to wealth tax appeals shall come into effect from the date of issue of this Circular. 5. The same may be brought to the notice of all concerned. 6. Hindi version will follow. sd/- (Abhishek Gautam_ DCIT(OSD)ITJ, CBDT Copy to: 1. The Chairman, Members and all other officers in CBDT of the rank of Under Secretary and above. 2. All PCCsIT jDGsIT for bringing to the notice of all officers. 3. ADG (PR, PP& OL), Mayur Bhawan, New Delhi for printing in the quarterly Tax Bulletin and for circulation as per usual mailing list. 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich monetary limits for fi ling of income tax appeals by the Department before Income Tax Appellate Tribunal. High Courts and SLPs/appeals hefore Supreme Court have been specified. Representation has also been received that an an~omaly in the said circular at para 5 may be removed. 2. As a step towards further management of litigation. it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S. No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1 Before Appellate Tribunal 50,00,000 2 Before High ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the notice of all concerned. 6. This issues under section 268A of the Incometax Act, 1961. 7. Hindi version will follow. (Neetika Bansal) Director, (ITJ) CBDT, New Delhi Copy to: I. Chairman, Members and all other officers ∙in CBDT of the rank of Under Secretary and above. 2. All Pr. Chief Commissioners of Income Tax and all Directors General of Income Tax with a request to bring to the attention of all officers. 3. ADG(PR,P&P), Mayur Bhawan. New Delhi for printing in the quarterly Tax Bulletin and for circulation as per usual mailing list. 4. The Comptroller and Auditor General of Ind ia. 5. ADG (Vigilance), Mayur Bhawan. New Delhi. 6. Joint Secretary & Legal Advisor. Ministry of Law & Justice, New Delhi. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax Act, 1961. The Circular referred to above do not distinguish the order passed under Section263 or any other Section of the Act,1961, but it refers the monetary limits prescribed in the circulars itself and if any appeal is filed, which is not a writ-matter, then the monetary limits prescribed under the circular would apply and the Department is bound by such monetary limits and accordingly, the Department cannot pursue the matter, if the monetary limit prescribed in the circular is adhered-to. 11. In this context, the learned counsel Mr. Tushar Hemani has drawn attention of this Court to the order passed by the Division Bench in the Tax Appeal No.419 of 2009 and allied matters in the case of Commissioner of Income Tax Vs. Pravin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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