9911796707
TMI Blog2015 (12) TMI 1886X X X X Extracts X X X X X X X X Extracts X X X X ..... . The tax effect in filing the appeal before the Tribunal should be above Rs.10 lakhs in view of the above said Circular. The above Circular has clearly mentioned to have retrospective effect and is to have application to the pending appeals. Accordingly, in view of the said Circular, all the appeals of the Revenue are dismissed as not maintainable. - ITA No. 62/Coch/2015, 372/Coch/2014, 201/Coch/2015, 216/Coch/2015, 127/Coch/2015, 219 & 220/Coch/2015, 531/Coch/2015, 316/Coch/2015, 221 & 225/Coch/2014, 431/Coch/2015 - - - Dated:- 23-12-2015 - S/SHRI B P JAIN, AM AND GEORGE GEORGE.K, JM For the Appellant : Sh Narayana Moorthy, Shri P K Sasidharan, Shri CBM Warrier, CA For the Respondent : Sh K P Gopakumar, SR DR, Sh Shantom Bos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P before the Supreme Court were specified. 2. In supersession of the above instruction, it has been decided by the Board that departmental appeals may be filed on merits before Appellate Tribunal and High Courts and SLP before the Supreme Court keeping in view the monetary limits and conditions specified below. 3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: - Sl. No. Appeals in Income tax matters Monetary Limit (in Rs.) 1. Before Appellate Tribunal 10,00,00/- 2. Before High Court 20,00,000/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xceeds the monetary limit specified in para 3. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In other words, henceforth, appeals can be filed 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, appeal 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng to the 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. As the evidence of not filing appeal due to this instruction may have to be produced in courts, the judicial folders in the office of CsIT must be maintained in a systemic manner for easy retrieval. 8. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
