TaxTMI 
TaxTMI 
2013 (5) TMI 558
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.... the time of hearing Ld. Counsel for the assessee stated that that tax effect in this appeal of the revenue is below the prescribed monetary limits for filing of appeal before ITAT and other superior courts. It seems that the revenue's appeal, the amount in dispute involved is Rs.7,03,152/- on which tax demand to be raised on the assessee is Rs.2,17,273/-. The only issue now remains before us is that the appeal of the revenue is below the prescribed limit of tax effect in view of the Board's Instruction issued from time to time revising the monetary limits for filing of appeals by the Department before ITAT and other superior courts. The appeal relates to Assessment Year 2008-09 and filed before the Tribunal on 01.03.2012. Since this appeal....
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....ns specified below. 3. Henceforth appeals shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:- S. No. Appeals in Income-tax matters Monetary Limit (in Rs.) 1. Appeal before Appellate Tribunal 3,00,000 2. Appeal u/s. 260A before High Court 10,00,000 3. Appeal before Supreme Court 25,00,000 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case. 4. For this purpose, "tax effect" means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the a....
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....led 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 monetary limit prescribed. In case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately. 6. In a case where appeal before a Tribunal or a Court is not filed only on account of the tax effect being less than the monetary limit specified above, the Commissioner of Income-tax shall specifically record that "even though the decision is not acceptable, appeal is not being filed only on the consideration that the tax effect is less than the monetary limit specified....
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....olders in the office of CIT 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 is less than the monetary limits specified in para 3 above or there is no tax effect. a. Where the Constitutional validity of the provisions of an Act or Rule are under challenge, or b. Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or c. Where Revenue Audit objection in the case has been accepted by the Department. 9. The proposal for filing Special Leave Petition under Article 136 of the Constitution before the Supreme Court should, in all cases, be sent to the Dire....