TMI Blog2020 (10) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee contended that all the above appeals filed by the Department are not maintainable in view of the Circular No. 17/2019 dt. 08/08/2019 issued by CBDT wherein the monetary limit for filing the appeals by the Department before the ITAT has been increased to ₹ 50,00,000/- from ₹ 20,00,000/-. 3. In the rival submissions the Ld. JCIT DR submitted that the Circular No. 17/2019 : dt. 08/08/2019 is not clearly retrospective in as much as it specifically states in para 4 that the said modification shall come into effect from the date of issue of this Circular It was stated that the aforesaid sentence clearly gives an impression that the said Circular is applicable after the date mentioned there in and thereafter the departme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al, High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) [Previous Limit) Monetary Limit (Rs.) (Revised Limit) Before Appellate Tribunal 20,00,000 50,00,000 Before High Court 50,00,000 1,00.00.000 Before Supreme Court 1,00,00,000 2.00.00,000 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ursued for dismissal as withdrawn/not pressed. Filing of cross objections below the monetary limit may not be considered henceforth. Similarly, references to High Courts and SLPs/appeals before Supreme Court below the monetary limit of ₹ 50 lakhs and ₹ 1 Crore respectively should be pursued for dismissal as withdrawn/not pressed. References before High Court and SLPs/appeals below these limits may not be considered henceforth. 13. This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in SCIHCs/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. Pending appeals below the specified tax limits in pare 3 above may be withdrawn/not pressed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n with the CBDT circular no 3 of 2018 (and subsequent amendment thereto), and all it does is to replace paragraph nos. 3 and 5 of the said circular. This is evident from the following extracts from the circular dated 8th August 2019: 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s more than one assessee, each assessee shall be dealt with separately 4. The said modifications shall come into effect from the date of issue of this Circular. 6. Clearly, all other portions of the circular no. 3 of 2018 (supra) have remained intact. The portion which has remained intact includes paragraph 13 of the aforesaid circular which is as follows: 13. This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. Pending appeals below the specified tax limits in pare 3 above may be withdrawn/not pressed. 7. In view of the above discussions, we hereby hold that the relaxati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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