Revision of exceptions to monetary limits for filing appeals deferred under provisions of Section 158AB [Where measures are taken to avoid repetitive appeals in a situation, the identical question of law is pending before High Courts or Supreme Court.]

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..... a Ministry of Finance Department of Revenue Central Board of Direct Taxes, New Delhi Dated the 31 st May , 2023 Sub:- Revision of exceptions to monetary limits for filing appeals deferred under provisions of Section 158AB - reg. Ref:- 1. CBDT Letter F. No. 279/Misc.142/2007-ITJ(Pt) dated 20.08.2018 2. CBDT letter F.No.279/Misc./M-93/2 .....

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..... on of the letter dated 29.09.2022, referred to above, the following guidelines on the above subject are hereby issued: 3. At the outset it is clarified that references to collegiums constituted u/s 158AB of the Act for deciding on the deferral of appeal(s)/grounds of appeal(s) would be made having regard to the extant monetary limits read along with the exceptions to the same, as mentioned in .....

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..... may be deferred in the current year ( Y o ) in view of the provisions of section 158AB . The appeal is to be filed in the year in which the final decision on the identical question of law is received in favour of Revenue in Y f . (ii) In cases where multiple grounds are contested and where the total tax effect of all the disputed grounds (i.e., grounds to which Section 158AB is applicable .....

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..... elines as laid down in the preceding paras, it is to be ensured that when judicial finality is achieved in favour of Revenue in the ' other case ', appeal in the ' relevant case ' should be contested on merits subsequent to the decision in the ' other case ' irrespective of the extant monetary limits. Further, if the judicial outcome in the ' other case ' is not i .....

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