Revised monetary limit for filing appeal before ITAT

By | August 17, 2015

Q: Whether revised monetary limit for filing appeal before ITAT is applicable to pending appeals ?

Yes ,Where CBDT Instruction No. 5 of 2014 revising monetary limit to Rs. 4 lakhs for filing appeal before Tribunal apply to pending appeals also, as monetary limit of appeal filed by revenue was less than Rs. 4 lakhs, same was to be dismissed

IN THE ITAT KOLKATA BENCH ‘B’

Income-tax Officer

v.

Gurudayal Sontosh Kumar

SHAMIM YAHYA, ACCOUNTANT MEMBER
AND GEORGE MATHAN, JUDICIAL MEMBER

IT APPEAL NOS. 801, 837 TO 840 (KOL.) OF 2012
[ASSESSMENT YEARS 1995-96 TO 1999-2000]

FEBRUARY  4, 2015

Subject : Filing of appeal or application for reference by income-tax authority (CBDT Instruction No. 5 of 2014)

Section:  268A of the Income-tax Act, 1961

Assessment years : 1995-96 to 1999-2000

Facts of the Case :-

Revenue filed appeals before Tribunal. Assessee stated that in view of recent Instruction No. 5 of 2014 issued by CBDT on 10-7-2014 revising monetary limits for filing of appeal before Tribunal fixing tax effect limit at Rs. 4 lakhs, appeals were not maintainable and liable to be dismissed in limine

Revenue contended that this will apply to appeal filed on or after 10-7-2014

Decision :-

Instruction No. 5 will apply to pending appeals also

Since in instant case, tax effect being less than said limits, appeal was to be dismissed [Paras 5 and 6] [In favour of assessee]

Circulars and Notifications : CBDT Instruction No. 5 of 2014 dated 10-7-2014

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