Commissioner of Income-tax, Jaipur-III, Jaiapur v. Saraswati Exports
[Citation -2017-LL-0705-20]
Citation | 2017-LL-0705-20 |
---|---|
Appellant Name | Commissioner of Income-tax, Jaipur-III, Jaiapur |
Respondent Name | Saraswati Exports |
Court | HIGH COURT OF RAJASTHAN |
Relevant Act | Income-tax |
Date of Order | 05/07/2017 |
Judgment | View Judgment |
Keyword Tags | monetary limit • tax effect |
Bot Summary: | Instant appeal is directed against order of the Income Tax Appellate Tribunal and indisputably the tax effect as brought to our notice, is less than Rs.20 lac. Appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- S. Appeals in Income-tax Monetary Limit 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute rules. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12 A of the IT Act, 1961, shall not be governed by the limits ITA-184/2009 specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed. The extract of the paragraphs referred to supra, clearly indicates that the limits specified in para 3 may not apply to certain exceptions specified in para 8, at the same time para nos.9 and 10 of the Circular if read conjointly, clearly envisages that the present instructions will apply retrospectively to all the pending appeals and appeals to be filed henceforth in High Courts/Tribunals, subject to exceptions where the tax effect even if is less than Rs.20 lac, can be preferred in High Courts. |