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TMI Blog2013 (5) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... upta, AM And Shri Mahavir Singh, JM,JJ. For the Appellant : Shri D. K. Rakshit, Sr. DR For the Respondent : Shri A. K. Chakraborty P. S. Gupta, Advocates ORDER Per Shri Mahavir Singh, JM:- This appeal by revenue is arising out of order of CIT(A)-XXXVI, Kolkata in Appeal No. 647/CIT(A)-XXXVI/Kol/Wd.-2, Nadia/10-11/822 dated 30.12.2011. Assessment was framed by ITO, Ward-2, Nadia u/s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as "the Act") for Assessment Year 2008-09 vide his order dated 30.12.2010. 2. At the time of hearing Ld. Counsel for the assessee stated that that tax effect in this appeal of the revenue is below the prescribed monetary limits for filing of appeal before ITAT and other superior co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "INSTRUCTION NO. 3/2011 [F. NO. 279/MISC. 142/2007-ITJ], DATED 9-2-2011 Reference is Invited to Board's instruction No. 5/2008 dated 15-5-2008 wherein monetary limits and other conditions for filing departmental appeals (In Income-tax matters) before Appellate Tribunal, High Courts and Supreme Court were specified. 2. In supersession of the above instruction, it has been decided by the Board that departmental appeals may be filed on merits before Appellate Tribunal, High Courts and Supreme Court keeping in view the monetary limits and conditions specified below. 3. Henceforth appeals shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:- S. No. Appeals in Income-tax mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment year, appeal, can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In other words, henceforth, appeals can be filed only with reference to the tax effect in the relevant assessment year. However, in case of a composite order of any High Court or appellate authority, which involves more than one assessment year and common issues in more than one assessment year, appeal shall be filed in respect of all such assessment years even if the 'tax effect' is less than the prescribed monetary l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filing an appeal on the same disputed issues. The Departmental representatives/counsels must make every effort to bring to the notice of the Tribunal or the Court that the appeal in such cases was not filed or not admitted only for the reason of the tax effect being less than the specified monetary limit and, therefore, no inference should be drawn that the decisions rendered therein were acceptable to the Department. Accordingly, they should impress upon the Tribunal or the Court that such cases do not have any precedent value. As the evidence of not filing appeal due to this instruction may have to be produced in courts, the judicial folders in the office of CIT must be maintained in a Systemic manner for easy retrieval. 8. Adverse judg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. However, the cases where appeals have been filed before February 09, 2011 will be governed by the instructions on this subject, operative at the time when such appeal was filed. 12. This issues under section 268(1) of the Income Tax Act, 1961." 3. On query from the Bench, the Ld. DR could not point out any of the exceptions as provided in the Circular as under: (a) that this is a loss case having tax effect more than the prescribed limit, which should be taken into account, (b) that this is a composite order for many assessment years where tax effect will be more than the prescribed limit as per para 5 of above instructions, (c) that there is other year pending as disputed on the singular issue, (d) that in the case of revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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