CBDT FURTHER INCREASES MONETARY LIMITS FOR FILING OF APPEAL
There is a substantial pendency of appeals of the Income Tax Department before various appellate fora. The CBDT is aware of the importance of litigation management and has been continuously working towards achieving the same.
To effectively reduce taxpayer grievances/litigation and help the Department focus on litigation involving complex legal issues and high tax effect, the monetary limits for filing of appeals by the Department were last revised on 11th July,2018 vide CBDT Circular No.3 of 2018.
|Sr. No.||Appeals/SLPs in lncome-tax matters||Earlier Limits||Revised Limits vide this circular|
|1||Before Appellate Tribunal||20,00,000||50,00,000|
|2||Before High Court||50,00,000||1,00,00,000|
|3||Before Supreme Court||1,00,00,000||2,00,00,000|
Further, the new circular also clarified that above limits to be seen individually for each assessee and each assessment year; in case of –
- If the disputed issue is for more than one AY, then appeal to be filed only for those AY when tax effects exceeds the above limits;
- In case of combined order for more than one years of an assessee, then appeal to be filed only for those AY when tax effects exceeds the above limits;
- In case of combined order for more than one assessee, then appeal to be filed only for those Assessee when tax effects exceeds the above limits.
Analysis of Circular No. 17/2019 dated 08/08/2019:
Circular No. 17/2019
- No. 279/Misc. 142/2007-ITJ(Pt.)
Government of India
Ministry of Finance
Department of Revenue
Central Board Direct Taxes
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.
- 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 of the 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|
- 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-à-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.”
- The said modifications shall come into effect from the date of issue of this Circular.
- The same may be brought to the notice of all concerned.
- This issues under section 268A of the Income-tax Act,1961.