Just a moment...

Top
FeedbackReport
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Guidelines to Chief Comm. for filing appeal/reference.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the decision to accept or contest adverse judgements of High Courts/ITAT etc. will be taken by the concerned Chief Commissioner. 3. The Board desire that while deciding the question of filing an appeal/reference in respect of an adverse judgment of High Court/ITAT etc., the Chief Commissioner should follow the following guidelines: Monetary Limits: Filing of departmental appeal/reference should be selective. Guidelines were issued laying down monetary limits of revenue effect of Rs.10,000/- for filing appeals before ITAT, Rs.30,000/- for Reference before High Court and Rs.60,000/- for appeals to Supreme Court (Instruction No.1573 dated 12.7.84 and 1612 dated 6.4.1985). These guidelines should be adhered to subject to the exceptions given....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....'s order, notification, instruction or circular is the subject matter of adverse order. e) where in respect of one assessment year the order is contested in the case of an assessee for any reason, the adverse judgment for other years in the issue in that case should also be contested irrespective of the amount involved so that Department's case on the issue is not prejudiced on the ground that in respect of some year the Department has already accepted the assessee's case. A report to the Board should be sent in respect of the judgments containing strictures or which are contrary to Board's orders, notifications, instructions, circulars etc. iv) Adverse judgments which need not be contested; a) Where the adverse judgment is in accordanc....