TaxTMI 
TaxTMI 
2009 (1) TMI 63
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....g been closed/made up with the total export turnover ascertained, holding that the reduction in the invoice amount having been approved by the R.B.I., the original sales price stands modified to this extent and such modified price only should be included as part of export turnover?." 2. Before answering the question, it is necessary to consider the contentions raised on behalf of the Respondent that if the the tax does not exceed Rs.4.00 lakhs the Appeal ought not to have been filed. 3. On the other hand on behalf of the Revenue the learned Counsel relies on the C.B.D.T. instruction No.05/2008 dated 15^th May, 2008. Section 268A has been introduced in the Income Tax Act by Finance Act, 2008. Pursuant to the said provision ....
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....ase of every assessee. (2) If, in the case of an assessee, the disputed issues arise in more than one assessment year, appeal shall 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. (3) No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para.3. (4) In other words, henceforth, appeals will be filed only with reference to the tax effect in the relevant assessment year. 5. It would be clear from the above that if in the case of an assessee if the disputed issues arise in more than one assessment year, appeals are to be filed only in respect....
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....97 Edition. 8. On the other hand on behalf of the assessee learned Counsel submits that filing of an appeal is referable to the issues. In other words if in respect of an appeal which is to be filed where the monetary limit exceeds Rs.4.00 lakhs then in respect of the other years where the monetary effect is less the issue involved must be the same. Otherwise no appeal can be preferred. 9. Having considered the contentions, in our opinion, the instructions cannot be interpreted as a Statute though it is pursuant to the power conferred under Section 268-A of the Income Tax Act. What the Court has to consider is the plain language of the paragraph and the object behind the said provisions. The object appears to be not to burden co....
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....he assessee is that the composite order must relate to a common issue. We beg to disagree on a plain and literal construction of the instruction. The expression "which involves more than one year" would have no meaning if it was restricted only to the expression "common issues". The expression, therefore, of a composite order will have to be read to mean an order in respect of the same assessee for more than one year. An disposing of several appeals on a common question of law by appellate authority, cannot be said to be a composite order as the order involves appeals by different persons, which appeals for the sake of convenience have been only clubbed together for the purpose of disposal on that issue. In our opinion, this would be ....