2018 (10) TMI 930

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....e is liable to be dismissed as according to the aforesaid Circulars appeals to the Tribunal should not be filed where the tax effect in less than Rs. 20 lacs in one assessment year. 2. The learned DR however made a reference to para-5 of the aforesaid Circular, which reads as follows: "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 a....

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....hat 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 of the year(s) in which the "tax effect" exceeds the monetary limit prescribed. 5. Paragraph 5 of CBDT Circular No.3/2012 had come up for consideration before the Hon'ble Karnataka High Court in the case of CIT, Central Circular Vs. PSI Hydraulics (2014) 226 Taxman 34 (Kar). In the aforesaid decision, the Hon'ble Karnataka High Court held merely because the order of the CIT(A) is consolidated order passed for several years tax effect should not be seen for ....

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....late 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 of the year(s) in which the "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." 17. In case of an assessee, where common order is passed in respect of more than one assessment year, which involves common issues even if in one of the assessment years the tax effect is more than Rs. 10 lakhs, irrespective of the fact that in respect of other assessment years which is part of the common order, the t....