2024 (10) TMI 109

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....thdraw the aforesaid Income Tax Appeal due to less tax effect as provided in Central Board of Direct Taxes(for short "CBDT") Circular No. 17 of 2019 dated 8 August 2019 be recalled. 3. On 26 August 2022 Coordinate Bench of this Court considering the facts involved and applying the said circular had passed following order : "1 Learned Counsel for the Appellant states that the tax effect in the present Appeal is below the limit stipulated in terms of Circular No. 17 of 2019 dated 8th August, 2019. It is stated that no instructions have been received from the Department to withdraw the present Appeal. 2 In the light of Circular No. 17 of 2019, the Appeal is disposed of as involving low tax effect. 3 However, we ob....

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....rge and cess." ii. Thus, monetary limits to filing of appeals flow from the definition of tax effect as provided in para 4 of Circular 3/2018, as quoted above. The instant appeal is filed u/s 248 of the I.T. Act, 1961, which deals with appeals regarding disputes about liability to deduct tax in certain cases. In such appeals the 'tax effect', as mentioned in point (I) above might not be quantifiable. iii. Further, para 11 of CBDT's Circular 3/2018 dated 11.07.2018 is as follows, "The monetary limits specified in para 3 above shall not apply to writ matters and Direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute and ....

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....sani to the recent circular being Circular No. 5 of 2024 dated 15th March 2024 where the CBDT which is issued in supersession of the earlier circular and issued clarification in regard to the cases relating to TDS/TCS. The relevant contents of the circular are required to be noted which read thus : "3.1 Monetary limits given in paragraph 4 with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Act with the following exceptions where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits: a.... b... c.... d.... e.... f.... g... h.... i.......