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TMI Blog2019 (4) TMI 837X X X X Extracts X X X X X X X X Extracts X X X X ..... re than one assessment year and common issues, it would be open for the Revenue to prefer appeals in relation to all assessment years provided tax effect in one of the assessment year is higher than the monetary limit prescribed and the Revenue decides to carry the issue in appeal in such assessment years. In the present case, such facts are not involved. Revenue, however, argued that the order passed by the Appellate Commissioner gave rise to two separate appeals at the hands of the Revenue as well as the assessee. These appeals were decided separately by the Tribunal. The Revenue has decided to file appeal in both the cases. Such an instance, however, would not be covered by exception clause noted above contained in the CBDT Circular. Thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CBDT is empowered to issue orders, instructions or directions to the Income Tax Authorities, fixing such monetary limits as it may deed fit, for the purpose of regulating filing of appeal or application for reference by any Income Tax Authority under the provisions of Chapter XX of the Act pertaining to appeal or application for reference. Sub-section (2) of Section 268A of the Act provides that where in pursuance of the orders, instructions or directions issued under sub-section (1), an Income Tax Authority has not filed any appeal or application for reference on any issue in the case of an assessee for any assessment year, it shall not preclude such authority from filing an appeal or application for reference on the same issue of the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal in disregard of such limits or directives. This Circular, of course, provides for certain exceptions. We are concerned with only the following:- ...... 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 / judgment involves more than one assessee, each assessee shall be dealt with separately. 6. As per this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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