9911796707
TMI Blog2018 (7) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals) has erred in allowing relief of ₹ 3,43,000 out of addition made on account of unexplained cash deposits in SCB bank account. The Ld. CIT(A) has ignored the fact that assessee changed his stand frequently during assessment proceedings. 3. On the facts and in the circumstances of the case, the Ld. CIT(Appeals) has erred in allowing relief of ₹ 5,20,000/- out of addition made on account of unexplained cash deposits in SCB bank account ignoring the fact that initially the assessee has denied in writing that no gifts received during the year, whereas later on changed his stand to taking ₹ 4 Lac ₹ 1.20 Lac as cash gifts from wife and mother respectively. 4. On the facts and in the circumstances of the case, the Ld. CIT(Appeals) has erred in allowing relief of ₹ 50,000/- out of addition made on account of unexplained cash deposits in SBI bank account ignoring the fact that this SBI account in which the cash of ₹ 50,000/- deposited, was not disclosed by the assessee to the department. 5. On the facts and in the circumstances of the case, the Ld. CIT(Appeals) has erred in reducing the salary income by ₹ 63,794/- ignoring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said Chart has also been given to the Ld. DR, who could not controvert the contention raised by the Assessee s counsel. 3. We have heard both the parties and perused the records available with us and the amount of additions involved in the present appeal. Keeping in view of the Circular No. 3/2008 dated 11th July, 2018 issued vide F.No. 279/Misc. 142/2007-ITJ (Pt.) by the CBDT, we are of the view that the request of the Ld. Counsel of the assessee is acceptable and the Appeal filed by the Department deserve to be dismissed. For the sake of convenience, the contents of the said CBDT s Circular are reproduced as under:- Subject: Revision of monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court-measures for reducing litigation-Reg. Reference is invited to Board s Circular No. 21 of 2015 dated 10.12.2015 wherein monetary limits and other conditions for filing departmental appeals (in Income-tax matters) before Income Tax Appellate Tribunal, High Courts and SLPs/ appeals before Supreme Court were specified. 2. In supersession of the above Circular, it has been decid ..... 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, appeals 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. Further, where income is computed under the provisions of section 115J13 or section 115JC, for the purposes of determination of tax effect , tax on the total income assessed shall be computed as per the following formula- ( A - B) + (C - D) where, A = the total income assessed as per the provisions other than the provisions contained in section 115JB or section 115JC (herein called general provisions); B = the total income that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endered 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 and also bring to the notice of the Tribunal/ Court the provisions of sub section (4) of section 268A of the Income-tax Act, 1961 which read as under : ( 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. 9. As the evidence of not filing appeal due to this Circular may have to be produced in courts, the judicial folders in the office of Pr.CsIT/ CsIT must be maintained in a systemic manner for easy retrieval. 10. 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 Act or Rule is under challenge, or ( b) Where Board s order, Notification, Instr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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