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CBDT Further Enhances Monetary Limits For Filing Appeals By Dept

The CBDT has vide Circular No. 17/2019 dated 8th August 2019 further enhanced the monetary limits for filing of appeals by the Department before the Income Tax Appellate Tribunal (ITAT), High Courts and SLPs/appeals before Supreme Court




Circular No. 17/2019
F. No. 2791Misc. 142/2007-ITJ(Pt.)
Government of India
Ministry of Finance
Department of Revenue
Central Board Direct Taxes
Judicial Section
New Delhi. 8th August 2019

Subject: – Further Enhancement of Monetary limits for filing of appeals 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 monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly. the table for monetary limits specified in Para 3 ofthe Circular shall read as follows:

S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.)
1 Before Appellate Tribunal 50.00.000
2 Before High Court 1.00.00.000
3 Before Supreme Court 2.00.00.000

3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed. para 5 of the circular is substituted by the following para:

“5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If in the case of an assessee. the disputed issues arise in more than one assessment year, appeal can 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. 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. Further. even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment 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.
Copy to:
Hindi version will follow .

(Neetika Bansal
Director. (ITJ)
CBDT. New Delhi
Director. (ITJ)
CBDT. New Delhi


2 comments on “CBDT Further Enhances Monetary Limits For Filing Appeals By Dept
  1. vswami says:

    OFFhand

    READ Para 4. specifying the “Effective Date” of the latest revision . Do all the points of doubt now stand clarified as expected of !
    Has there been any Update on how the earlier revisions have been acted upon; and how that has actually and factually resulted in reducing ‘litigation’, over the period since the first and subsequent earlier circulars issued in succession?!

    OVER To …

  2. vswami says:

    To ADD: For a detailed recap, look through, –

    https://www.facebook.com/swaminathanv3/posts/2328190443923895?

    Also, see the comment (s) earlier posted @http://itatonline.org/info/cbdt-circular-explains-precise-scope-of-decision-to-withdraw-low-tax-effect-appeals-of-dept/#comments

4 Pings/Trackbacks for "CBDT Further Enhances Monetary Limits For Filing Appeals By Dept"
  1. […] on penny stocks will be excluded from the benefit of the enhanced monetary limits stipulated in Circular no. 17 of 2019 dated 08.08.2019. The CBDT may by way of special order direct filing of appeal on merit in cases involved in […]

  2. […] the Department is complying with the directive to withdraw low-tax effect appeals as set out in CBDT’s Circular Circular no. 17 of 2019 dated 08.08.2019. This is revealed by the letter dated 29th August 2019 addressed by the CBDT to the Pr Chief […]

  3. […] dated 20th August, 2019 in which it has clarified that the enhanced monetary limits stipulated in Circular No. 17/2019 dated 8th August, 2019 is applicable to all pending SLPs/ appeals/ cross objections/references. The CBDT has also directed […]

  4. […] friendly policy decision by the Government of India for reducing the income tax litigation. Vide CBDT circular dated 8th August, 2019, the income tax department has further liberalized its policy for not filing appeals against the […]

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