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TMI Blog2017 (6) TMI 185X X X X Extracts X X X X X X X X Extracts X X X X ..... ed recent instruction No.21/2015 dated 10.12.2015 revising the monetary threshold fixing the tax effect limit of Rs. 10 lacs for the revenue to file appeal before the ITAT and since in this appeal, the tax effect is below Rs. 10 lakhs, the appeal filed by the revenue is not maintainable and liable to be dismissed in limine. 3. The ld Departmental Representative agreed to the contention of ld counsel for the assessee. 4. We have considered rival contentions and perused the record. Recently, the CBDT in its Circular No.21/2015 dated 10th December, 2015 have revised the monetary limit to Rs. 10 lakhs from Rs. 4 lakhs to file the appeal before the Tribunal by the Revenue. On scrutiny of appeal filed by the revenue, it is found that the total ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. The Income-tax Department shall not be precluded from filing an appeal against the disputed issues in the case of the same assessee for any other ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct: (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, or (d) Where the addition relates to undisclosed foreign assets/ bank accounts. 9. The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute & rules. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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