Principal Commissioner of Income-tax-2 v. Gauya Santare
[Citation -2019-LL-1223-21]

Citation 2019-LL-1223-21
Appellant Name Principal Commissioner of Income-tax-2
Respondent Name Gauya Santare
Court HIGH COURT OF ORISSA
Relevant Act Income-tax
Date of Order 23/12/2019
Judgment View Judgment
Keyword Tags monetary limit • tax effect
Bot Summary: 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 of Central Board of Direct Taxes 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 -2- Court have been specified. 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- Monetary Limit tax matters 1. 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. 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.


I.T.A. No.2 of 2018 03. 23.12.2019 Heard. 2. Defects pointed out by Office stands ignored. 3. Instant appeal is directed against order dated 28.07.2017, passed by learned Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T.A. Nos.468 & 483/CTK/2014. 4. Learned Sr. Standing Counsel for appellant- Income Tax Department seeks withdrawal of this appeal in terms of Circular No.17/2019, issued by Central Board of Direct Taxes, dated 08.08.2019. 5. For ready reference, said Circular No.17/2019 is reproduced hereunder: Circular No. 17/2019 F. No. 279/Misc. 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 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 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 Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme -2- Court have been specified. Representation has also been received that anomaly in said circular at para 5 may be removed. 2. As step towards further management of litigation, it has been decided by Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of Circular mentioned above and accordingly, table for monetary limits specified in Para 3 of Circular shall read as follows: S. No. Appeals/ SLPs in Income- Monetary Limit (Rs.) tax matters 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 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 circular is substituted by following para: 5. Assessing Officer shall calculate tax effect separately for every assessment year in respect of disputed issues in case of every assessee. If, in case of assessee, disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which tax effect in respect of disputed issues exceeds monetary limit specified in para 3. No appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit specified in para 3. Further, even in 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 assessment year or years in which tax effect is less than monetary limit specified in para 3. In case where composite order/ judgment involves more than one assessee, each assessee shall be dealt with separately. 4. said modifications shall come into effect from date of issue of this Circular. -3- 5. same may be brought to notice of all concerned. 6. This issues under section 268A of Income-tax Act.1961. 7. Hindi version will follow. (Neetika Bansal) Director, (ITJ) CBDT, New Delhi 6. In view of above, this appeal is disposed of as withdrawn in terms of above said Circular. All connected Misc. Case(s)/I.A(s), if any, is/are accordingly disposed of. (K.S. Jhaveri) Chief Justice (K. R. Mohapatra) Judge SKG Principal Commissioner of Income-tax-2 v. Gauya Santare
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