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TMI Blog2019 (7) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... plication for restoring this appeal to its original file. Mr. Bhatt further clarifies that later, the revenue issued a fresh circular No. 3/2018 dated 11.07.20148 clarifying that it would apply even to the pending appeals. This appeal would be covered by the above referred circular. In such circumstances, Mr. Bhatt, the learned senior counsel prays that the revenue would not be pressing this appeal. The appeal stands disposed of accordingly. X X X X Extracts X X X X X X X X Extracts X X X X ..... learned senior standing counsel appearing for the revenue clarifies that Circular No.21/2015 dated 10th December, 2015, at the relevant point of time, was applicable only to the fresh appeals. In such circumstances, the revenue had to prefer a miscellaneous civil application for restoring this appeal to its original file. Mr. Bhatt further clarifies that later, the revenue issued a fresh circular clarifying that it would apply even to the pending appeals. The circular reads thus: "Circular No. 3/2018 F. No 279/Misc. 142/2007-ITJ (Pt) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes New Delhi the 11th July, 2018 Subject: Revision of monetary limits for filing of appeals by the Department b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nded to be filed (hereinafter referred to as 'disputed issues'). Further, 'tax effect' shall be tax including applicable surcharge and cess. 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 additions. In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against. 5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained in section 115JB or section 115JC (herein called general provisions); B = the total income that would have been chargeable had the total income assessed as per the general provisions been reduced by the amount of the disputed issues under general provisions; C = the total income assessed as per the provisions contained in section 115JB or section 115JC; D = the total income that would have been chargeable had the total income assessed as per the provisions contained in section 115JB or section llSJCwas reduced by the amount of disputed issues under the said provisions: However, where the amount of disputed issues is considered both under the provisions contained in section 115JB or section 115JC and under general provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e notice of the Tribunal or the Court that the appeal in such cases was not filed or not admitted only for the reason of the tax effect being less than the specified monetary limit and, therefore, no inference should be drawn that the decisions rendered therein were acceptable to the Department. Accordingly, they should impress upon the Tribunal or the Court that such cases do not have any precedent value and also bring to the notice of the Tribunal/ Court the provisions of sub section (4) of section 268A of the Income-tax Act, 1961 which read as under : "(4) The Appellate Tribunal or Court, hearing such appeal or reference, shall have regard to the orders, instructions or directions issued under sub-section (1) and the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erits of a particular case. 12. It is clarified that the monetary limit of ₹ 20 lakhs for filing appeals before the ITAT would apply equally to cross objections under section 253(4) of the Act. Cross objections below this monetary limit, already filed, should be pursued for dismissal as withdrawn/ not pressed. Filing of cross objections below the monetary limit may not be considered henceforth. Similarly, references to High Courts and SLPs/ appeals before Supreme Court below the monetary limit of ₹ 50 lakhs and ₹ 1 Crore respectively should be pursued for dismissal as withdrawn/ not pressed. References before High Court and SLPs/ appeals below these limits may not be considered henceforth. 13. This Circular will appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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