2002 (10) TMI 825

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....ent:-   For the Appellant: Mr. Saurabh Kapoor, Sr. Standing Counsel and Mr. Rana Gurtej Singh, Standing Counsel. For the Respondent: None.   JAGMOHAN BANSAL, J. (ORAL) 1. As common issues are involved in the captioned appeals, with the consent of learned counsel for the appellant, the same are hereby disposed of by this common order. For the sake of brevity and convenience, facts are borrowed from ITA-198-2002. 2. The appellant through instant appeal under Section 260A of the Income Tax Act, 1961 is seeking setting aside of common order dated 24.04.2002 passed by Income Tax Appellate Tribunal for the Assessment Year (for short 'AY') 1984-1985 and 1985-1986. 3. The appellant has raised following questions of law:-....

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.... in favour of respondents, on the basis of its earlier orders as well as different High Court and Hon'ble Supreme Court judgments. 5. The appellant has filed two appeals with respect to AY 1984-85 and 1985-86. Appeal No. 198 of 2002 and 279 of 2004 relate to AY 1984-85 and 1985-86 respectively. With both the appeals, assessment order of AY 1985-86 has been enclosed. As per assessment order, the assessing officer has denied deduction of investment allowance to the tune of Rs. 13,01,407/-. 6. As per Circular No.5/2024 dated 15.03.2024 issued by CBDT threshold limit to file appeal before High Court is Rs. 2 Crores. This is a bunch of 4 appeals and issue relates to deduction of investment allowance. The amount of deduction claimed in all ....

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....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. Where any provision of the Act or the Rules or notification issued thereunder has been held to be constitutionally invalid, or b. Where any order, notification, instruction or circular of the Board or the Government has been held to be illegal or ultra vires the Act or otherwise constitutionally invalid, or c. Where the assessment is based on information in respect of any offence alleged to have been committed under any other law re....

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....ringe benefit tax, equalization levy and any matter other than the Income Tax Act, or l. In respect of litigation arising out of disputes related to TDS/TCS matters in both domestic and International taxation charges:- i. Where dispute relates to the determination of the nature of transaction such that the liability to deduct TDS/TCS thereon or otherwise is under question, or ii. Appeals of International taxation charges where the dispute relates to the applicability of the provisions of a Double Taxation Avoidance Agreement or otherwise m. Any other case or class of cases where in the opinion of the Board it is necessary to contest in the interest of justice or revenue and specified so by a circular issu....

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....inty to taxpayers on their Income-tax assessments while taking a decision regarding filing an appeal. [Emphasis supplied] 7. Learned counsel for the appellant, during the course of hearing, conceded that it is factually correct that amount involved in all the appeals is substantially less than prescribed monetary limit, however, submits that Revenue has filed prosecution against the respondents, thus, case falls under exception clause, thus, they cannot withdraw the appeals. He also conceded that despite multiple opportunities, they have failed to serve respondents. 8. Learned counsel except to submit that prosecution was launched before learned Chief Judicial Magistrate, Jagadhri could disclose nothing about status of the pr....