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TMI BlogFiling of appeals by the Department after insertion of Section 158AB in the Income Tax Act, 1961X X X X Extracts X X X X X X X X Extracts X X X X ..... : 29th September, 2022 To, All the Principal Chief Commissioners of Income Tax Subject: - Filing of appeals by the Department after insertion of Section 158AB in the Income Tax Act, 1961 - reg. Ref: - Board's letter F. No. 279/Misc.142/2007-ITJ(Pt.) dated 20.08.2018. Kind reference is drawn to the above. The Board has from time-to-time revised monetary thresholds for filing appeals before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of para 4 below: (i) D: cumulative tax effect (in Rs.) of the disputed demand of the grounds for which appeal is sought to be deferred i.e., where identical question of law is pending as per section 158AB of the Act. (ii) R: cumulative tax effect (in Rs.) of the disputed demand of the grounds where appeal persists on merits i.e., other than D above (i.e., the residual grounds) (iii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and section 158AB is applicable only to certain grounds, the guidelines for filing appeal are as follows: (A) 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 monetary threshold as per the circular, i.e., [D+R>T], (a) in the current year (Y0), i. filing of appeal on the grounds to which section 158AB ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... identical question of law is received in favour of Revenue, appeal is to be filed on the grounds to which section 158AB is applicable.
5. The above shall come into effect from the date of issue of this letter and may be brought to the knowledge of all officers working in your region.
6. This issues with the approval of Chairman, CBDT.
Yours Sincerely
(Tanay Sharma)
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