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TMI Blog2015 (9) TMI 597X X X X Extracts X X X X X X X X Extracts X X X X ..... lakhs, i.e., only appeals with tax effect exceeding ₹ 4 lakhs were maintainable. In the present appeal filed by the Revenue, the monetary limit admittedly, is less than ₹ 4 lakhs. In view of Instruction No. 5 of 2014 which are applicable not only to the new appeals to be filed by the Revenue, but also to the appeals pending before the Tribunal, we dismiss all the appeals filed by the Revenue because of small tax effect.- Decided against revenue - ITA No.6469/Mum/2013 - - - Dated:- 10-6-2015 - Shri R.C. Sharma and Ms. Sushma Chowla, JJ. For the Appellant : Shri P K Birla For the Respondent : Smt Champa Purohit ORDER Ms. Sushma Chowla (Judicial Member).- The present appeal filed by the Revenue is agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rescribed by the Central Board of Direct Taxes. In respect of the merits of the case, the learned Departmental representative for the Revenue placed reliance on the order of the Assessing Officer. 5. We have heard the rival parties and perused the records. 5.1. On perusal of the record, we find that the present appeal is filed by the Revenue and the total tax effect in the present appeal is below ₹ 4 lakhs. The learned Departmental representative for the Revenue fairly admitted that the tax effect in the present appeal was less than ₹ 4 lakhs. 5.2. We find that the issue in the present appeals is squarely covered by the ratio laid down by the hon'ble Bombay High Court in the case of CIT v. Smt. Vijaya V. Kavekar [20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Tribunal 4,00,000 2. Under section 260A before the High Court 10,00,000 3. Before the Supreme Court 25,00,000 5.4. The revised monetary limit for filing the appeals before the Appellate Tribunal was fixed at in excess of ₹ 4 lakhs. Further, under the said Instruction, it was also directed that the Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues. In the case of every assessee where, the disputed issue arises in more than one assessment year, it was directed that appeal could be filed in respect of such assessment year or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5.6. We find that the said issue has been considered by the hon'ble Bombay High Court in the case of CIT v. Smt. Vijaya V. Kavekar [2013] 350 ITR 237 (Bom). The hon'ble High Court in the case of CIT v. Smt. Vijaya V. Kavekar (supra), had in turn followed the ratio laid down by another Division Bench of the Bombay High Court in the case of CIT v. Polycott Corporation [2009] 318 ITR 144 (Bom) wherein, it was held as under (page 240 of 350 ITR) : 8. In case of CIT v. Polycott Corporation reported at [2009] 318 ITR 144 (Bom), another Division Bench of this court construed the same Instruction No. 2 of 2005, dated October 24, 2005. The Division Bench observed while construing paragraph 5 of the circular, as thus : '9. Havi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt or the appellate authority. In other words where the High Court or the Tribunal has passed a composite order in respect of the same assessee on the same question and/or on different question and for one of the assessment years, the tax effect is more than the monetary limit then the appeal shall also be filed in respect of all the assessment years. The submission on behalf of the assessee is that the composite order must relate to a common issue. We beg to disagree on a plain and literal construction of the instruction. The expression which involves more than one year would have no meaning if it was restricted only to the expression common issues . The expression, therefore, of a composite order will have to be read to mean an order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the abovesaid proposition laid down by the hon'ble High Court in the case of CIT v. Smt. Vijaya V. Kavekar [2013] 350 ITR 237 (Bom), we hold that in view of the revised Instruction issued by the Central Board of Direct Taxes under which, the monetary limit for filing the appeals before the appellate authorities, Tribunals has been revised and fixed at ₹ 4 lakhs, i.e., only appeals with tax effect exceeding ₹ 4 lakhs were maintainable. In the present appeal filed by the Revenue, the monetary limit admittedly, is less than ₹ 4 lakhs. In view of Instruction No. 5 of 2014 which are applicable not only to the new appeals to be filed by the Revenue, but also to the appeals pending before the Tribunal, we dismiss all the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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