Is the Revised Monetary Limits applicable to Assessee's Appeals?, Income Tax

[gvenugopal g]

Dear Experts,

Please refer Circular No.17/2019 dated 8th August 2019 issued by Central Board Direct Taxes, Judicial Section to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation.

Appellate Forum Existing Monetary Limit (₹) Revised Monetary Limit

Before Income Tax Appellate Tribunal 20,00,000 50,00,000

Before the High Court 50,00,000 1,00,00,000

Before the Supreme Court 1,00,00,000 2,00,00,000

Kindly let us know whether the above Revised Monetary Limit applicable to all Assessee whoever already filed Appeal against Income tax Department? (or) the above limits is applicable for Department Appeals?

Thanks & Regards: G VENUGOPAL

Posts / Replies

[DEV KUMAR KOTHARI]

No. This is policy decision of CBDT, applicable only for filing of appeals and withdrawal of appeals etc. revenue.

For assessee, his discretion will apply and he can pursue litigation even for small sums of dispute, if he consider to indulge into litigation for any reason like impact in other years, impact in cases of associates on similar issue, penalty and prosecution implications etc.

[CASusheel Gupta]

The threshold limit is for the department only.

Assessee can appeal for any amount.

CA Susheel Gupta

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