2016 (1) TMI 1445

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....y the Revenue against the order of Commissioner of Income Tax (A) 17, Mumbai dated 23.04.2014 for the assessment year 2007-08. 2. At the time of hearing, it was noticed that the tax effect involved in this appeal on the disputed issues is less than Rs. 10 lakhs. For the sake of convenience, we tabulate below the relevant details:- S.No. Name of assessee Amount in dispute (for quantum appeal) ....

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....for filing of appeals by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court - measures for reducing litigation - Reg Reference is invited to Board's instruction No 5/2014 dated 10.07.2014 wherein monetary limits and other conditions for filing departmental appeals (in Income-tax matters) before Appellate Tribunal and High Courts and SLP before th....

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.... 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 amount of income in respect of the issues against which appeal is intended to be filed (hereinafter referred to as "disputed issues"). However the tax will not include any interest thereon....

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....ubject, operative at the time when such appeal was filed." 11. ....." It can be noticed that the CBDT has further clarified that this new circular/instruction shall apply retrospectively, i.e., even to the pending appeals. It is also stated that the quantum of penalty deleted or reduced shall be considered for determining the monetary limits. 4. It is well settled proposition that the circular....