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TMI Blog2018 (7) TMI 950X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case & in law, the order of the CIT(A) is wrong perverse, illegal and against the provisions of law which is liable to be set aside. 2. On the facts and in the circumstances of the case, the Ld. CIT(Appeals) has erred in allowing relief of Rs. 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 Rs. 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 receive ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the efforts made by the assessing officer. 8. On the facts and in the circumstances of the case, the Ld. CIT(Appeals! has erred in allowing relief to the extent of Rs. 1,65,8757- out of disallowance of Rs. 2,17,337/- in r/o alleged reimbursements ignoring the facts that the assessee has initially denied receipt of any amount towards reimbursements. 9. On the facts and in the circumstances of the case, the Ld. CIT(Appeals) has erred in deleting the entire addition of Rs. 8,40,000/- made as deemed rent u/s 23(1) of the I.T. Act, 1961 for his three immovable properties. 10. On the facts and in the circumstance of the case, the Ld.CIT(Appeals) has erred in deleting the addition of Rs. 2.00 Lakhs made u/s 69C ignoring the facts that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 decided by the Board that departmental appeals may be filed on merits before Income Tax Appellate Tribunal and High Courts and SLPs/ appeals before 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sputed 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, appeals shall be filed in respect of all such assessment years even if the tax effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tem D. 7. 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 Pr. Commissioner of Income-tax/ 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 Circular". 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 assessment year, or in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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, Instruction or Circular has been held to be illegal or ultra fires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or (d) Where the addition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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