2024 (10) TMI 431

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....INGAN And HON'BLE MR. JUSTICE PRAVEER BHATNAGAR For the Appellant : Mr. Anuroop Singhi with Mr. N.S. Bhati Mr. Aditya Khandelwal Mr. Anurag Mathur with Mr. Aditya Doda & Mr. Parth Vashistha for Mr. Shantanu Sharma For the Respondent : Mr. Siddharth Ranka with Ms. Satwika Jha Ms. Apeksha Bapna Mr. Rohan Chatter Mr. Gunjan Pathak with Mr. Aditya Bohra Ms. Ishita Rawat Mr. Kanishka Singhal Mr. Mahendra Gargieya with Mr. Hemang Gargieya Mr. Devang Gargieya ORDER AVNEESH JHINGAN, J : - 1. The issue involved in these appeals is similar and is being decided by this order. The facts are being noted from D.B. Income Tax Appeal No.8/2021. 2. This appeal is filed against the order dated 09.09.2020 passed by the Income Tax Appellate Trib....

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....applicable to all the pending appeals and appeals to be filed, there is no distinction made between appeals to be filed and pending appeals. 8. In a measure for reducing litigation circulars under Section 268A of the Act are issued by the Central Board of Direct Taxes (CBDT) from time to time. The monetary limits for filing appeal by department before the Tribunal, High Court and Supreme Court are fixed and also the exceptions for filing appeals inspite of low tax effect. 9. For dealing the issue, it would be pertinent to look into the language of the previous circulars. In Instruction No.5 of 2008 dated 15.05.2008, Instructions No. 3 of 2011 dated 09.02.2011 and No.5 of 2014 dated 10.07.2014, Para 11 in all three instructions was that th....

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....From para 13, it is evident that the Circular had retrospective application and the appeals below specified monetary limits were to be withdrawn or not pressed. 13. Circular 3 of 2018 was modified by Circular 17 of 2019 dated 08.08.2019. The monetary limits were further enhanced and para 5 of the Circular was substituted. Para 4 of this Circular clarified that the modification shall apply with effect from the date of issue of the Circular. 14. Circular 3 of 2018 and Circular 17 of 2019 were superseded by Circular 5 of 2024 dated 15.03.2024. The monetary limits were enhanced and the exceptions for filing appeals inspite of low tax effect were in Para 3.1 & 3.2. The exception of audit objection having been accepted by department was no long....