"Tax Appeal Dismissed Due to Breach of CBDT's Monitory Limit, Legal Questions Remain Open".

"Tax Appeal Dismissed Due to Breach of CBDT's Monitory Limit, Legal Questions Remain Open".

Income Tax

The current tax appeal, involving a tax effect of Rs. 18,82,890/-, is dismissed due to a recent circular issued by the Central Board of Direct Taxes (CBDT). The circular states that appeals cannot be maintained if they cross the monetary limit of two crores. This dismissal applies solely on the basis of the monetary threshold, leaving any potential legal questions unresolved.

The tax appeal case, C.A. No.7513 of 2011, involving a tax effect of Rs. 18,82,890/- has been dismissed by M.R. Shah in New Delhi on 13th November, 2019. This dismissal aligns with a recent circular from the Central Board of Direct Taxes (CBDT) which asserts that an appeal is not maintainable if it exceeds a monetary limit of two crores. This decision was based strictly on the monetary threshold, leaving any questions of law still open for future determination. The order has been signed and placed on the file, and any pending applications related to this case have been accordingly disposed of.



From the record, it appears that the tax effect involved is Rs.18,82,890/- which is below Rupees two crores.



As per the recent circular issued by CBDT, the present appeal shall not be maintainable as it crosses the monitory limit to prefer the appeal which is Rupees two crorers.



Under the circumstances, the present appeal is dismissed on the aforesaid ground alone keeping the question of law, if any, open.




[M.R. SHAH]




NEW DELHI;


13TH NOVEMBER, 2019



C.A. No.7513 of 2011 is dismissed in terms of the

signed order.


Pending application(s), if any, stands disposed of.




(RASHMI DHYANI) (K. RAMA KRISHNA)


SENIOR PERSONAL ASSISTANT BRANCH OFFICER




(Signed order is placed on the file)

CONCEPTS