9911796707
TMI Blog2015 (12) TMI 1791X X X X Extracts X X X X X X X X Extracts X X X X ..... not maintainable. All the above appeals filed by the Revenue are dismissed. - 144/PN/2010, 1165/PN/2011, 1669, 1670, 1671, 1269, 1377, 675, 676, 93/PN/2013, 623, 1887, 1045, 493, 1791, 845/PN/2012, 882, 899, 775, 1476, 777, 460, 2025/PN/2014 - - - Dated:- 23-12-2015 - Dy. CIT, ITO, ACIT Versus Shri Sambhaji Laxman Pawar, Shri Raghvendra Om Prakash Bagadiya, Kamal Nagari Sahakari Patsanstha Limited, Zetex Engineers Pvt. Ltd., Shri Dattatray Waman Patil, Shri Suhash Govindji Dande, Ashoka Vastu Ltd., Shri Satish Ramchandra Patil (HUF), Shri Sandeep Tukaram, M/s. Surajmal Pannalal Bothra, Shri Nandlal S. Bothra, Shri Suresh Jugraj Mutha, Golden Dwellings Pvt. Ltd., Shri Ranjeet Padmakar Mulay, Shri Sacheen Madukar, Shri Rajesh Ekna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lakhs and the same shall not be pressed or withdrawn. 3. The learned Departmental Representative for the Revenue fairly agreed to the contentions raised by the learned Authorized Representatives for the assessee. In the appeals filed by the Revenue where none appeared, the Ld. Departmental Representative fairly conceded that the tax effect in those cases are also below ₹ 10 lakhs. 4. We have heard the rival contentions and perused the record. The issue arising in the present bunch of appeals is in relation to the additions, wherein the tax effect in each of the year is less than ₹ 10 lakhs. In this background, we have to consider the circular No.21/2015 dated 10.12.2015 of CBDT. The CBDT vide the said circular has announce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove. 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 of interest shall be the tax effect. In cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent year, then the appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issue exceeds the monetary limit specified in para 3 i.e. ₹ 10 lakhs before the Tribunal. It is further directed that henceforth, the appeals can be filed by the Revenue 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, then appeal shall be filed in respect of such assessment year, 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 resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 . In such cases, there will be no presumption that the Incometax 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 case of any other assessee for the same or any other assessment year, if the tax effect exceeds the specified monetary limits. 7. In the past, a number of instances have come to the notice of the Board, whereby an assessee has cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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, such as the case of registration of trusts or institutions under section 12A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case. 6. The retrospectiv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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