TaxTMI 
TaxTMI 
2023 (9) TMI 496
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....x appeal is filed at the instance of the Revenue under Section-260A of the Income Tax Act, 1961 [for short 'The Act, 1961'] and the same is directed against the order of the Tribunal passed in the tax appeal, whereby, the Tribunal quashed and set aside the order passed by the Commissioner, Income Tax under Section-263 of the Act, 1961. 2. At the outset, the learned advocate Mr. Manish J. Shah, raised preliminary objections with regard to the maintainability of this appeal as according to him, in 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 Standing....
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....ect will mean quantum of penalty deleted or reduced in the order to be appealed against." 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/M-84/2018-ITJ 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'....
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....hargeability of interest is the issue under dispute, the amount of interest 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 offic....
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.... by the Department before Income Tax Appellate Tribunal, 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 of 2018 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 filing of income tax appeals by the Department before Income Tax Appellate Tribunal. High Courts and SLPs/appeals before Supreme Court have been specified. Representation has also been received that an anomaly 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 monetar....
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....ent year, 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. 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 Income-tax Act, 1961. 7. Hindi version will follow. (Neetika Bansal) Director, (ITJ) CBDT, New Delhi Copy to: 1. Chairman, Members and all other officers ∙in CBDT of the rank of Under Secretary an....
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.... 11. In view of the aforesaid Circulars issued by the Central Board of Direct Taxes from time-to-time, the underlying policy of the Department is to reduce the litigation. So far as the matter arising out of the order under Section-263 of the Act is concerned, the same pertains 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 Section-263 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 Section-263 or any other Section of the Act, 1961, but it refers the monetary limits pres....