Revision of exceptions to monetary limits for filing appeals deferred under provisions of Section 158AB [Where measures are taken to avoid repetitive appeals in a situation, the identical question of law is pending before High Courts or Supreme Court.]

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..... nce Department of Revenue Central Board of Direct Taxes, New Delhi Dated the 31st May, 2023 Sub:- Revision of exceptions to monetary limits for filing appeals deferred under provisions of Section 158AB - reg. Ref:- 1. CBDT Letter F. No. 279/Misc.142/2007-ITJ(Pt) dated 20.08.2018 2. CBDT letter F.No.279/Misc./M-93/2018-ITJ(Pt.) dated 29.09.2022 3. CBDT Letter F.No.279/Misc./M-93/2018-ITJ(P .....

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..... clarified that references to collegiums constituted u/s 158AB of the Act for deciding on the deferral of appeal(s)/grounds of appeal(s) would be made having regard to the extant monetary limits read along with the exceptions to the same, as mentioned in para 1 above and the exceptions provided in para 6 below. 4. The following terminology is proposed in respect of para 5 below: (i) Yo: the curr .....

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..... ) In cases where multiple grounds are contested and where the total tax effect of all the disputed grounds (i.e., grounds to which Section 158AB is applicable and otherwise) is greater than the extant monetary limits for filing appeals at relevant judicial fora, set by CBDT, and Section 158AB is applicable only to certain grounds, the guidelines for filing appeal are as follows: (a) in the curre .....

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..... ther case' irrespective of the extant monetary limits. Further, if the judicial outcome in the 'other case' is not in favour of Revenue and is not accepted by the Department, appeal against the same may be contested on merits in the 'other case' irrespective of the extant monetary limits, to arrive at judicial finality. 7. The above shall come into effect from the date of issu .....

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