9911796707
TMI Blog2020 (9) TMI 246X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly, the Department cannot pursue the matter, if the monetary limit prescribed in the circular is adhered-to. If, we take consolidated tax effect in all these appeals, it would not exceed the monetary limits prescribed in the Circular No.17 of 2019, dated 8th August, 2019. Therefore, these appeals are dismissed due to low tax effect. - R/Tax Appeal No. 643 of 2019 With R/Tax Appeal No. 644 of 2019 With R/Tax Appeal No. 645 of 2019 With R/Tax Appeal No. 646 of 2019 - - - Dated:- 10-2-2020 - Mr. Justice J.B. Pardiwala And Mr. Justice Bhargav D. Karia For the Appellant(s) : Mrs Kalpanak Raval For the Opponent(s) : Ms Vaibhavi K Parikh COMMON ORAL ORDER (PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA) 1. These tax appeals are filed at the instance of the Revenue under Section260A of the Income Tax Act, 1961 [for short 'The Act, 1961' ] and the same are directed against the orders of the Tribunal passed in each of the tax appeals, whereby, the Tribunal quashed and set aside the order passed by the Commissioner, Income Tax under Section263 of the Act, 1961. 2. At the outset, the learned Senior Counsel Mr. Tushar Hemani, raised preliminary o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x appeals by the Department before ITAT, HCs and SLPs/appeals before SC through extending the scope of Circular 3 of 2018 Measures for reducing litigation. Reference is invited to Board's Circular No. 3 of 2018 dated 11.07.2018 (hereinafter, referred to as the Circular ) vide which monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/ appeals before Supreme Court were specified. Para 11 of the Circular states that the monetary limits specified in para 3 shall not apply to writ matters and Direct tax matters other than Income tax and filing of appeals in such cases shall continue to be governed by relevant provisions of statute and rules. 2. There is no charge under Wealth Tax Act, 1957 w.e.f 1st April, 2016. Therefore, as a step towards litigation management, it has been decided by the Board that monetary limits for filing of appeals in Income tax cases as prescribed in Para 3 of the Circular shall also apply to Wealth Tax appeals through extension of the Circular to Wealth tax matters in a mutatis mutandis manner and with modifications as prescribed hereunder. 3. For the purpose of Wealth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcular No. 17/2019 F. No. 279/Misc. 142/2007ITJ( Pt.) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes Judicial Section New Delhi. 8th August 2019 Subject: Further Enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court Amendment to Circular 3 of 2018 Measures for reducing litigation.- Reference is invited to the Circular No.3 of2018 dated 11.07.2018 (the Circular) of Central Board of Direct Taxes (the Board) and its amendment dated 20th August. 2018 vide which monetary limits for fi ling of income tax appeals by the Department before Income Tax Appellate Tribunal. High Courts and SLPs/appeals hefore Supreme Court have been specified. Representation has also been received that an an~omaly in the said circular at para 5 may be removed. 2. As a step towards further management of litigation. it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of all officers. 3. ADG(PR,P P), Mayur Bhawan. New Delhi for printing in the quarterly Tax Bulletin and for circulation as per usual mailing list. 4. The Comptroller and Auditor General of Ind ia. 5. ADG (Vigilance), Mayur Bhawan. New Delhi. 6. Joint Secretary Legal Advisor. Ministry of Law Justice, New Delhi. 7. All Directorates oflncometax. New Delhi and Pr. DGIT(NADT), Nagpur. 8. ITCC (3 copies). 9. ADG (System)4, for uploading on the Department's website. 10. Data Base Cell for uploading on irsofficersonline.gov.in. II. [email protected] for uploading on NJRS. 12. Hindi Cell for translation. 13. Guard file. 9. Thus, the Circular No.3 of 2018 is amended by the Circular No.5 of 2018 and Circular No.17 of 2019. After the amendment, the Circular No.3 of 2018 is modified with regard to the monetary limits prescribed under the Circular No.17 of 2019. Moreover, the Circular No.17 of 2019 has substituted the Paragraph-5 of the Circular No.3 of 2018. 10. Thus, on conjoint reading of all the three circulars, it appears that Paragraph-11 of the Circular No.3 of 2018 which is substituted by Circular No.5 of 2019 re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
