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TMI Blog2011 (2) TMI 1246X X X X Extracts X X X X X X X X Extracts X X X X ..... and Co., (2007 - TMI - 35003 - MADHYA PRADESH HIGH COURT) – Held that:- Board Circular dt.27.3.2000 was applicable even to the old references which are still pending and are undecided. By circular dated 27.3.2000 financial limit to the extent of tax liability of Rs.2 lakh was fixed, which is applicable in this case, question need not be answered in the light of the aforesaid circular of the CBDT and the judgment of this Court in Ashok Kumar Manibhai Patel and Co.(supra), reference is disposed of finally X X X X Extracts X X X X X X X X Extracts X X X X ..... ved from another aspect, submission of Mr. A.K. Shrivastava, learned counsel for the respondent is that the tax impact is Rs.52,565 and, therefore, as per the circular of the Central Board of Direct Taxes the reference need not be adverted to. A Division Bench of the High Court of Bombay in the case of CIT v. Pithwa Engg. Works (2005) 276 ITR 519 (Bom) in paragraph 6 expressed the view as under (page 520): 'This court can very well take judicial notice of the fact that by passage of time money value has gone down, the cost of litigation expenses has gone up, the assessees on the file of the Department have been increased consequently, the burden on the Department has also increased to a tremendous extent. The corridors of the superior cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided by the Board that Departmental appeals will be filed before Appellate Tribunals, High Courts and Supreme Court as per monetary limits and conditions specified below: 3. Appeals will henceforth be filed only in cases where the tax effect exceeds monetary limits given hereunder: Sl. No. Appeals in Income-tax matters Monetary Limit 1. Appeal before Appellate Tribunal 2,00,000 2. Appeal under Section 260A before High Court 4,00,000 3. Appeal before Supreme Court 10,00,000 4. For this purpose, "tax effect" means the difference between the tax on had such total income been reduced by the amount of income in respect of the issue against which appeal is intended to be filed (hereinafter referred to as "disputed issues"). How ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Income-tax shall specifically record that "even though the decision is not acceptable, appeal is not being filed only on the consideration that the tax effect is less than the monetary limit specified in this instruction". Further, in such cases, there will be no presumption that the Income-tax Department has acquiesced in the decision on the disputed issues. The Income-tax Department shall not be precluded from filing an appeal against the disputed issues in the case of the same assessee for any other assessment year, or in the case of any other assessee for the same or any other assessment year, if the tax effect exceeds the specified monetary limits. 7. In the past, a number of instances have come to the notice of the Board, whereb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsultation with the Ministry of Law and Justice. 10. The monetary limits specified in para 3 above will not apply to writ matters. 11. This instruction will apply to appeals filed on or after 15th of May, 2008. However, the cases where appeals have been filed before 15th of May, 2008 will be governed by the instructions on this subject, operative at the time when such appeal was filed. 12. This issues under section 268A(1) of the Income-tax Act, 1961. F.No. 279/Misc.142/2007-ITJ From the perusal of aforesaid, it is apparent that the Board Circular dt.27.3.2000 was applicable even to the old references which are still pending and are undecided. By circular dated 27.3.2000 financial limit to the extent of tax liability of Rs.2 lakh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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