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TMI Blog2016 (1) TMI 989X X X X Extracts X X X X X X X X Extracts X X X X ..... Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal. - ITA Nos. 5659, 5632/Del/2013 - - - Dated:- 1-1-2016 - Sh. N. K. Saini, AM And Sh. A. T. Varkey, JM For The Assessee : Sh. Ved Jain, Adv. For The Revenue : Smt. Anima Barnwal, Sr. DR ORDER ORDER Per N. K. Saini, AM: These appeals by the department are directed against the order dated 29.08.2013 of CIT(A)-I, New Delhi. 2. During the course of hearing, the Learned counsel for the assessee at the very outset stated that the tax effect in each of these appeals are less than ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other assessment year. (3) Notwithstanding that no appeal or application for reference has been filed by an income-tax authority pursuant to the orders or instructions or directions issued under sub-section (1), it shall not be lawful for an assessee, being a party in any appeal or reference, to contend that the incometax authority has acquiesced in the decision on the disputed issue by not filing an appeal or application for reference in any case. (4) The Appellate Tribunal or Court, hearing such appeal or reference, shall have regard to the orders, instructions or directions issued under sub-section (1) and the circumstances under which such appeal or application for reference was filed or not filed in respect of any case. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellate Tribunal and High Courts and SLP before the Supreme Court keeping in view the monetary limits and conditions specified below. 3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: S. No Appeals in Income-tax matter Monetary Limit (in Rs) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- It is clarified that an appeal should not be f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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. In case where a composite order/ judgement involves more than one assessee, each assessee shall be dealt with separately. 6. In a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han 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 judgments relating to the following issues should be contested 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 A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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