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TMI Blog2014 (1) TMI 1546X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 and the tax effect in this appeal is Rs.2,89,860/-, and the instructions of CBDT are applicable and the appeal filed by department is liable to be dismissed as the tax effect in this appeal is below Rs.3 lakhs – Decided against Revenue. - I.T.A. No.7148/Mum/2011 - - - Dated:- 20-8-2013 - Shri B. R. Mittal,(JM) And Rajendra (AM),JJ. For the Appellant : Shri Prabhat Jha For the Respondent : Shri Subhodh Ratnaparkhi ORDER Per B. R. Mittal, JM:- The Department has filed this appeal for assessment year 2003-04 against order of ld. CIT(A), Thane dated 25.6.2011 taking following grounds: "On the facts and in the circumstances the ld CIT(A) erred in deleting the addition of Rs.9,64,700/- made u/s 68 of the IT Act ignoring t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeal before Appellate Tribunal 3,00,000 2. Appeal u/s 260A before High Court 10,00,000 3. Appeal before Supreme Court 25,00,000 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case 4. For this purpose, "tax effect" means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed (hereinafter referred to as "disputed Issues"). However the tax will not inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal in respect of the year(s) in which 'tax effect' exceeds the monetary limit prescribed. In case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately. 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 disputed issues ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect. (a) Where the Constitutional validity of the provisions of an Act or Rule are under challenge, or (b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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