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TMI Blog2023 (9) TMI 496X X X X Extracts X X X X X X X X Extracts X X X X ..... venue under Section-260A of the Income Tax Act, 1961 [for short 'The Act, 1961'] and the same is directed against the order of the Tribunal passed in the tax appeal, whereby, the Tribunal quashed and set aside the order passed by the Commissioner, Income Tax under Section-263 of the Act, 1961. 2. At the outset, the learned advocate Mr. Manish J. Shah, raised preliminary objections with regard to the maintainability of this appeal as according to him, in 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 Standing Counsel Mr. Manish Shah submitted that the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order to be appealed against." 6. It was, thereafter, pointed out that the aforesaid 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/M-84/2018-ITJ 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" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the 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, N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lar) of Central Board of Direct Taxes (the Board) and its amendment dated 20th August. 2018 vide which monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal. High Courts and SLPs/appeals before Supreme Court have been specified. Representation has also been received that an anomaly 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 Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns 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. This issues under section 268A of the Income-tax Act, 1961. 7. Hindi version will follow. (Neetika Bansal) Director, (ITJ) CBDT, New Delhi Copy to: 1. 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 India. 5. ADG (Vigila ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erest of the Revenue. Therefore, when any order is passed under Section-263 of the Act, the same would also be the order under the Income Tax Act, 1961. The Circular referred to above do not distinguish the order passed under Section-263 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. 12. In this context, the learned counsel Mr. Manish Shah has drawn attention of this Court to the order pa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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