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TMI Blog2015 (12) TMI 1786X X X X Extracts X X X X X X X X Extracts X X X X ..... d also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal - We dismiss the appeal filed by the department. - ITA Nos. 4771/Del/2012 : Asstt. Year : 2007-08 - - - Dated:- 16-12-2015 - Sh. N. K. Saini And Smt. Beena Pillai, JJ. Assessee by: None Revenue by: Sh. V. R. Sonbhadra, Sr. DR ORDER N. K. Saini, This is an appeal by the department against the order dated 22.06.2012 of CIT(A)-XXIV, New Delhi. 2. During the course of hearing, the ld. D.R., although supported the order of the Assessing Officer, but could not controvert this fact that tax effect in this appeal is less than ₹ 10,00,000/-. 3. Aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llate 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. (5) Every order, instruction or direction which has been issued by the Board fixing monetary limits for filing an appeal or application for reference shall be deemed to have been issued under sub-section (1) and the provisions of subsections (2), (3) and (4) shall apply accordingly.] 4. It is not in dispute that the Board s instruction or directions issued to the other income-tax authorities are binding on those authorities, therefore, the department ought not to have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 Before High Court 20,00,000/- 3 Before 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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. 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- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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