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2022 (12) TMI 1500 - HC - Income TaxMonetary limit to file appeal before High Court - Appeal dismissed on low tax effect - HELD THAT - Central Board of Direct Taxes (CBDT) has issued Circular No. 17 of 2019 dated 08.08.2019 amending the previous Circular No. 3 of 2018 dated 11.07.2018 by further enhancing the monetary limits for filing appeals by the Income Tax Department before the Income Tax Appellate Tribunals High Courts and Supreme Court as a measure for reducing litigation. In paragraph 2 of the said circular we find that the monetary limit fixed for filing an appeal before the High Court is Rs. 1.00 crore. Therefore the appeal filed by the Department is dismissed in terms of the aforesaid Circular No. 17 of 2019 dated 08.08.2019. However if the appeal comes within the exception under paragraph 10 of Circular No. 3 of 2018 it would be open to the Income Tax Department to seek revival of the appeal. Miscellaneous applications pending if any shall stand closed.
Issues:
- Appeal under Section 260A of the Income Tax Act, 1961 against the order of the Income Tax Appellate Tribunal for the assessment year 1995-96. - Monetary limit for filing appeals set by Circular No. 17 of 2019 by the Central Board of Direct Taxes. Analysis: 1. The appeal before the High Court was filed under Section 260A of the Income Tax Act, 1961, challenging the order of the Income Tax Appellate Tribunal for the assessment year 1995-96. The appellant was represented by the learned Standing Counsel for Income Tax, while the respondent was represented by a Senior Counsel. The appellant conceded that the tax effect in this appeal was below the monetary limit for filing an appeal. 2. The Central Board of Direct Taxes (CBDT) issued Circular No. 17 of 2019, dated 08.08.2019, amending the previous Circular No. 3 of 2018, to enhance the monetary limits for filing appeals by the Income Tax Department. The circular specified that the monetary limit for filing an appeal before the High Court was set at Rs. 1.00 crore. As the appeal in question fell below this monetary limit, it was dismissed in accordance with the provisions of Circular No. 17 of 2019. 3. The judgment further clarified that if the appeal fell within the exception outlined in paragraph 10 of Circular No. 3 of 2018, the Income Tax Department could seek revival of the appeal. Any miscellaneous applications pending were to be closed, and no costs were awarded in the matter. The decision was made based on the monetary limits prescribed in the circular to streamline the appeal process and reduce unnecessary litigation. This detailed analysis of the judgment highlights the key issues involved, the legal provisions applied, and the decision rendered by the High Court based on the monetary limits set by the Circular issued by the Central Board of Direct Taxes.
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