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2011 (3) TMI 784 - HC - Income TaxPower u/s 253(2) - Whether the ITAT has the power under section 253(2) of the Income-tax Act, 1961 to give direction as to which appeals can be filed by the department on the strength of the department s internal instructions providing guidelines for filing appeal on the basis of monetary limits - Held that - in the case of CIT v. Suresh Chand Goyal (2007 -TMI - 3459 - MADHYA PRADESH HIGH COURT), where tax liability of the assessee is below the monetary limit prescribed, revenue cannot file an appeal in transgression of the Circular by which it is bound - However, if a case falls within the excepted category, it would be open to the Department to bring the said fact to the notice of the Court or the Tribunal so that the appropriate Authority/Court applies its mind to the necessity of formulating the question for rendering decision thereon - Decided against the revenue.
Issues:
1. Interpretation of Circular by Central Board of Direct Taxes regarding monetary limits for filing appeals. 2. Authority of Income-tax Appellate Tribunal (ITAT) to decide on appeals based on monetary limits. 3. Application of Circular by ITAT in dismissing appeals below monetary limits. 4. Binding nature of Circular on Revenue and Appellate Authorities. 5. Exception for cases involving substantial questions of law. Analysis: Issue 1: Interpretation of Circular by Central Board of Direct Taxes The Circular issued by the Central Board of Direct Taxes established monetary limits for filing appeals, with exceptions for cases involving substantial questions of law. The Circular emphasized that cases with tax effects below the prescribed limits should not have appeals filed by the Department. Modifications were made to the Circular to include cases of recurring legal questions or of significant importance, which should be considered on merit regardless of monetary limits. Issue 2: Authority of Income-tax Appellate Tribunal The appeal in question was filed against the ITAT's decision to dismiss an appeal due to the tax effect being below Rs. 2,00,000, contrary to the Board's instructions. The ITAT's power under section 253(2) of the Income-tax Act, 1961 was questioned, specifically regarding the direction on which appeals can be filed based on internal guidelines. The ITAT's justification for dismissing the appeal was based on the monetary limit and adherence to CBDT instructions. Issue 3: Application of Circular by ITAT The ITAT's decision to dismiss the appeal was influenced by the tax effect falling below the monetary limit set by the Circular. The Tribunal referred to past judgments, including one from the Bombay High Court, to support its decision. However, conflicting decisions from other High Courts and the Supreme Court were also cited, emphasizing that Circulars are not binding on Appellate Authorities, Courts, Tribunals, or the assessee. Issue 4: Binding nature of Circular on Revenue and Appellate Authorities The Circular issued by the CBDT was considered binding on the Income-tax Officer but not necessarily on the Appellate Authority, Tribunal, Court, or the assessee. Various judgments highlighted the importance of adhering to Circulars issued by the Board, with references to decisions from different High Courts and the Supreme Court on the matter. Issue 5: Exception for cases involving substantial questions of law The judgment clarified that the exception to the monetary limits for filing appeals applied to cases involving substantial questions of law of importance or recurring legal issues. It was noted that the Department should not misuse this exception and must provide sufficient material to demonstrate that a case falls within the excepted category to justify filing an appeal despite the monetary limit. In conclusion, the High Court's judgment upheld the Circular's validity while allowing for exceptions in cases involving substantial questions of law. The Department was given the liberty to present cases falling within the exception for further consideration by the appropriate forum.
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