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TMI Blog2023 (12) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... saved by the exceptions listed at para 10 (scope of which stands widened vide amendment dated 20/8/2018) or para 11 of the Circular. Accordingly, liberty is hereby granted to the parties to move the Tribunal in this regard, in which case it shall, if satisfied on merits, recall the appeal for being heard on merits. - SHRI A.D. JAIN, VICE PRESIDENT SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER For the Assessee by : Sh. Rajiv Gupta, CA For the Revenue by : Sh. Dharamvir, Sr. JCIT, DR ORDER PER A.D. JAIN, VICE PRESIDENT: This is Revenue s appeal against the order of the ld. CIT(A)-5, Ludhiana, dated 30.11.2016, for the Assessment Year 2012-13. Earlier, in a M.A. filed by the Revenue, the matter was recalled vide order dated 18.8.2023 and the appeal was fixed for hearing on merits. 2. At the outset, the ld. Counsel for the assessee has pointed out that the tax effect involved in this appeal is less than the monetary limit prescribed by the CBDT which enumerates that in cases where the tax effect does not exceed the prescribed monetary limit, the appeal shall not be filed by the Revenue. 3. The ld. DR, on the other hand, has supported the orders of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n not to file, or press, the appeals, before this Tribunal, against the appellate orders favourable to the assessee in the cases in which overall tax effect, excluding interest- except when interest itself is in dispute, is Rs 50,00,000 or less. What it means, in plain words, is that when a Commissioner (Appeals) gives the taxpayer tax relief of upto Rs 50 lakhs in an appeal in an assessment year, the matter ends there and the relief so granted by the Commissioner (Appeals) cannot be challenged before this Tribunal, that when this Tribunal gives the taxpayer relief of upto Rs 1 crore in an appeal in an assessment year, the matter ends there and the relief so granted by the Tribunal cannot be challenged before the Hon ble High Court, and that when Hon ble High Court gives relief of upto Rs 2 crore to the taxpayer in an appeal in an assessment year, that relief cannot be challenged before Hon ble Supreme Court. These monetary threshold limits for filing of appeals by the income tax authorities do not take into account interest and other corollaries of the tax demands being confirmed such as penalties, except when a penalty itself is subject matter of litigation, and prosecutions. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 of 2018 which is what it seeks to modify. This circular, according to the learned counsel, only enhances the monetary limits and gives further relaxation. He urges us not to read the circular in a manner so as to nullify the underlying approach and object of reducing litigation. Shri Soparkar, learned Senior Advocate, submits that all that the present circular does is to modify the monetary limits and nothing more, and, therefore, it cannot be treated to follow any other approach other than the approach followed in the old circular. The old circular, beyond any dispute or controversy, categorically applied to the pending appeals as on the date of issuance of circular. Shri Tushar Hemani, learned Senior Advocate, points out that the circular dated 8th August 2019 only gives further relief not only in terms of the monetary limits but also in terms of the manner in which the application of circular to orders dealing with more than one year is to made. Shri S N Divetia, learned counsel for the assessee, submits that unlike in the cases of earlier CBDT circulars, which used to be in supersession of earlier circulars on the issues, the circular dated 8th August 2019 only modifies the e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1 Before Appellate Tribunal 50,00,000 2 Before High Court 1,00,00,000 3 Before Supreme Court 2,00,00,000 3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed. para 5 of the circular is substituted by the following para: 5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If in the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No appeal shall be filed in respect of an assessment y ..... X X X X Extracts X X X X X X X X Extracts X X X X
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