AI Drafter 
TaxTMI 
TaxTMI 
2020 (9) TMI 246
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....Act, 1961'] and the same are directed against the orders of the Tribunal passed in each of the tax appeals, whereby, the Tribunal quashed and set aside the order passed by the Commissioner, Income Tax under Section263 of the Act, 1961. 2. At the outset, the learned Senior Counsel Mr. Tushar Hemani, raised preliminary objections with regard to the maintainability of these appeals as according to him, in each of the appeal, filed by the Revenue tax effect is less than the limit prescribed in the Circular issued by the Central Board of Direct Taxes being Circular No.17 of 2019 dated 08th August, 2019. 3. On the other hand, the learned Senior Standing Counsel Ms. Kalpana Raval submitted that the above referred circular would not be ap....
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....nst." 6. It was, thereafter, pointed out that the aforesaid Circular No.3 of 2018 was modified by Circular No.5 of 2019 dated 5th February, 2019. The Circular No.5 of 2019 reads as under: Circular No.5/2019 F. No. 279/Misc/M84/ 2018ITJ Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes Judicial Section New Delhi, 5th February 2019 Subject:- Monetary limits for filing/withdrawal of Wealth Tax appeals by the Department before ITAT, HCs and SLPs/appeals before SC through extending the scope of Circular 3 of 2018 Measures for reducing litigation. Reference is invited to Board's Circular No. 3 of 2018 dated 11.07.2018 (hereinafter, referred to as "the Circu....
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....est shall be the tax effect. In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against." B. Para 11 of the circular shall read as follows. "The monetary limits specified in para 3 above shall not apply to writ matters. " 4. The said extension of the Circular to wealth tax appeals shall come into effect from the date of issue of this Circular. 5. The same may be brought to the notice of all concerned. 6. Hindi version will follow. sd/- (Abhishek Gautam_ DCIT(OSD)ITJ, CBDT Copy to: 1. The Chairman, Members and all other officers in CBDT of the rank of Under Secretary and above. 2. All PCCsIT j....
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....bunal, High Courts and SLPs/appeals before Supreme Court Amendment to Circular 3 of 2018 Measures for reducing litigation.- Reference is invited to the Circular No.3 of2018 dated 11.07.2018 (the Circular) of Central Board of Direct Taxes (the Board) and its amendment dated 20th August. 2018 vide which monetary limits for fi ling of income tax appeals by the Department before Income Tax Appellate Tribunal. High Courts and SLPs/appeals hefore Supreme Court have been specified. Representation has also been received that an an~omaly in the said circular at para 5 may be removed. 2. As a step towards further management of litigation. it has been decided by the Board that monetary limits for filing of appeals in income-tax cases....
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....assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/ judgement involves more than one assessee. each assessee shall be dealt with separately." 4. The said modifications shall come into effect from the date of issue of this Circular. 5. The same may be brought to the notice of all concerned. 6. This issues under section 268A of the Incometax Act, 1961. 7. Hindi version will follow. (Neetika Bansal) Director, (ITJ) CBDT, New Delhi Copy to: I. Chairman, Members and all other officers ∙in CBDT of the rank of Under Secretary and above. 2. All Pr. Chief Commissioners of Income Tax and all ....
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....irect Taxes from time-to-time, the underlying policy of the Department is to reduce the litigation. So far as the matters arising out of the order under Section263 of the Act is concerned, the same pertain to invocation of the revisional powers of the Commissioner of Income-tax for revising the assessment orders, which are erroneous or prejudicial to the interest of the Revenue. Therefore, when any order is passed under Section263 of the Act, the same would also be the order under the Income Tax Act, 1961. The Circular referred to above do not distinguish the order passed under Section263 or any other Section of the Act,1961, but it refers the monetary limits prescribed in the circulars itself and if any appeal is filed, which is not a writ....