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2017 (6) TMI 185

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..... ble as the tax effect in this appeal is below ₹ 10 lakhs. Accordingly, we dismiss the appeal of the revenue. - ITA no.2082/Mum./2017 - - - Dated:- 1-6-2017 - SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER For The Assessee : Ms. Madhu Vani For The Revenue : Shri. Lalit Kumar Patel ORDER PER: SHAMIM YAHYA This is an appeal filed by the revenue against the order of CIT(A)-13 Mumbai dated 07/12/2016 for the assessment year 2007-08, in the matter of order passed u/s.143(3) r.w.s.263 of the I.T.Act. 2. At the outset, Ld. Counsel for the assessee stated that in order to cut down on frivolous litigation and taxpayer s grievance, the CBDT, which formulates policies for the Income Tax Department, has issued recent instruc .....

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..... 014 wherein monetary limits and other conditions for filing departmental appeals (in income-tax matters) before Appellate Tribunal and High Courts and SLP before the 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 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:- Sl.No. Appeals in Income-tax matters Monetary Limits (in Rs.) .....

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..... the disputed issues arise in more than one assessment 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 ' .....

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..... of any other assessee for the same or any other assessment year, by not 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 .....

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