Comnr.of Income-tax v. United Friends Buil
[Citation -2019-LL-1223-28]

Citation 2019-LL-1223-28
Appellant Name Comnr.of Income-tax
Respondent Name United Friends Buil.
Court HIGH COURT OF ORISSA
Relevant Act Income-tax
Date of Order 23/12/2019
Judgment View Judgment
Keyword Tags monetary limit • tax effect • withdrawal of appeal


I.T.A. No.126 of 2004 05. 23.12.2019 In view of order dated 23.12.2019 passed in CMAPL No.25 of 2017 today, this appeal is restored to its original position. 2. Heard learned Sr. Standing Counsel for appellant-Income Tax Department. 3. Instant appeal is directed against order dated 27.02.2004, passed by learned Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T.A. No.243/CTK/2002. 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 -2- (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 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 -3- 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. 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 Comnr.of Income-tax v. United Friends Buil
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