9911796707
TMI BlogRevision of monetary limits for filing appeals by the Department before Income tax Appellate Tribunals, High Courts and Supreme Court- measures for reducing litigationX X X X Extracts X X X X X X X X Extracts X X X X ..... ts for filing departmental appeals (in Income-tax matters) and other conditions were specified, for filing appeals before Appellate Tribunals, High Courts and Supreme Court. 2. In supersession of the above instructions, it has been 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(In Rs.) 1. Appeal before Appellate Tribunal 2,00,000/- 2. Appeal under section 260A before High Court 4,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment years even if the "tax effect" is less than the prescribed monetary limits in any of the year(s), if it is decided to file appeal in respect of the year(s) in which 'tax effect' exceeds the monetary limit prescribed. 6. In a case where appeal before a Tribunal or a Court is not filed only on account of the tax effect being less than the monetary limit specified above, the Commissioner of 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or Circular has been held to be illegal or ultra vires . ( c ) Where Revenue Audit objection in the case has been accepted by the Department. 9. The proposal for filing Special Leave Petition under Article 136 of the Constitution before the Supreme Court should, in all cases, be sent to the Directorate of Income-tax (Legal Research) New Delhi and the decision to file Special Leave Petition shall be in consultation 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 thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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