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TMI Blog2019 (4) TMI 1663X X X X Extracts X X X X X X X X Extracts X X X X ..... fect is less than ₹ 20,00,000/-. These instructions are operative retrospectively to the pending appeals. Keeping in view the CBDT Circular No. 3 of 2018 dated 11.07.2018, we are of the view that the Revenue should not have filed the instant appeals before the Tribunal. - Appeals of the department are dismissed - IT (SS) A No. 75/CHD/2004 And IT (SS) A No. 77/CHD/2004 - - - Dated:- 25-4-2019 - SHRI N.K. SAINI, VICE PRESIDENT AND SHRI SANJAY GARG For The Assessee : Sh. Ashok Goyal, CA For The Revenue : Sh. Ashish Gupta, CIT DR Order Per N.K. Saini, Vice President: These two appeals by the Department are directed against the sepa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to undisclosed foreign income/undisclosed foreign assets including financial assets/undisclosed foreign bank account. (e) where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ED/DRI/SFIO/Directorate General of GST Intelligence (DGGI). (f) cases where prosecution has been filed by the department and is pending in the court. 4. After considering the submissions of the ld. D.R. and the material on record. In our opinion, the amended circular is not applicable to the facts of the present case rather it is covered by the original circular No.3/18 dated 11.07.2018, vide which the CBDT has revised the monetary limit to ₹ 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 Before Supreme Court 1,00,00,000/- 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). Further, tax effect shall be tax including app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cribed 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 115JB 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 8. In the past, a number of instances have come to the notice of the Board, whereby an assessee has claimed relief from the Tribunal or the Court only on the ground that the Department has implicitly accepted the decision of the Tribunal or Court in the case of the assessee for any other assessment year or in the case of any other assessee for the same or any other assessment year, by not filing an appeal on the same disputed issues. The Departmental representatives/counsels must make every effort to bring to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... struction 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 relates to undisclosed foreign assets/ bank accounts. 11. 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 and rules. Further, in cases where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12A/ 12AA of the IT Act, 1961 etc., filing of appeal shall not be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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