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TMI Blog2017 (5) TMI 1493X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Respondent : Kishore Phadke ORDER Sushma Chowla (Judicial Member) This bunch of nine appeals filed by the Revenue are against separate orders of CWT(A)-I, Nashik, all dated 20.06.2013 relating to different assessment years 2004-05 to 2007-08 against respective orders passed under section 17 r.w.s. 16(3) of the Wealth Tax Act, 1957 (in short the Act ). 2. This bunch of appeals relating to three different assessee were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. The learned Authorized Representative for the assessee at the outset pointed out that the tax effect arising in the present appeals is low and consequently, the appeals of the Revenue are not maintai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... monetary limits were increased by the CBDT from ₹ 2 lakhs to ₹ 3 lakhs and thereafter to ₹ 4 lakhs. The CBDT vide Instruction No.5/2014, dated 10.07.2014 increased the limit of filing the appeal before the Tribunal to ₹ 4 lakhs and vide para 10 of the said Instruction, it was provided that the monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than income tax. It was further provided that filing of appeals in other direct tax matters shall continue to govern by the relevant provisions of Statute and Rules. In other words, the increased monetary limit of ₹ 4 lakhs would not apply to the appeals being filed under wealth-tax, gift-tax, estate duty, etc. and the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra) and the appeals filed by the Revenue having low tax effect were dismissed holding as under:- 4. We have perused the orders and also heard the contention of learned D.R. As per learned D.R., though the penalty amount involved was only a paltry sum of ₹ 13,874/-, the appeal was still maintainable for a reason that Instruction No.3/2011 dated 9.2.2011 prescribing monetary limits for filing appeals, applied only to income-tax matters. On going through Instruction No.3/2011, it is seen that at para 10 it is mentioned that monetary limits specified therein did not apply to direct tax matters other than income-tax. It is also mentioned that filing of appeals in other direct tax matters shall be governed by relevant provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03, No.19 of 2003 dated 23.12.2003, No.5/2004 dated 27.5.2004, No.2/2005 dated 24.10.2005 and No.5/2007 dated 16.7.2007, wherein monetary limits for filing departmental appeals (in Income-tax matters) and other conditions were specified, for filing appeals before Appellate Tribunals, High Courts and Supreme Court. 6. Of the many instructions that were superseded, what are relevant here are Instruction No.5/2007 dated 16.7.2007 and Instruction No.1979 dated 27.3.2000. Para 5 of Instruction No.1979 dated 27.3.2000 clearly mentions that the said instruction applied to other direct tax matters also including wealth-tax, gift-tax and Estate Duty. Para 4 of Instruction No.5 of 2007 dated 16.7.2007 clearly mentions that except for changes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , when these instructions are read together, despite the supersession effected by Instruction No.3/2011 dated 9.2.2011 of earlier Instruction No.5/2008 dated 15.5.2008 and supersession of instructions mentioned at para 5 above by us, through Instruction No.5/2008 dated 15.5.2008, the earlier instructions insofar as it applied to wealth-tax, gift-tax and Estate Duty matter would continue in force. For taking the view that the Instruction No.5/2008 as also Instruction No.3/2011 will apply to wealth-tax matter also, we are fortified by the decision of Hon ble Kerala High Court in the case of CWT v. John L. Chackola in WTA No.108 of 2009 dated 7th December, 2009. Though in the said case, it was decided that the appeal was indeed maintainable, i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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