The High Court held that the enhanced monetary limits for filing appeals specified in CBDT Circular No. 9/2024, dated 17.09.2024, apply retrospectively to all pending appeals. It clarified that the new exceptions introduced by Circular No. 5/2024, dated 15.03.2024, apply only prospectively to appeals filed after its issuance. Therefore, the Revenue cannot rely on these new exceptions to prosecute pending appeals where the tax effect is below the revised monetary threshold. Furthermore, the Court observed that the exception for TDS-related disputes applies to litigation arising from orders passed under section 201 for failure to deduct tax and does not cover a disallowance of expenditure made under section 40(a)(i) during a regular assessment under section 143(3). Consequently, as the appeals fell below the prescribed monetary limit and the TDS exception was not applicable, the appeals filed by the Revenue were dismissed. (AY. 2006-07 to 2007-08)
CIT v. V. M. Salgaonkar and Brothers (P.) Ltd. [2024] 169 taxmann.com 597 (Bom.)(HC)
S. 268A : Appeal-Monetary limits-Enhanced monetary limits specified in Circular No. 9/2024 apply retrospectively to pending appeals, whereas exceptions introduced in Circular No. 5/2024 apply prospectively-A disallowance of expenditure under section 40(a)(i) in an assessment under section 143(3) is distinct from TDS proceedings under section 201 and is not covered by the TDS exception in Circular No. 5/2024. [S. 40(a)(i),. 143(3), 195, 201, 260A]
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