JUDGEMENT
MADAN B.LOKUR, J. -
(1.) The tax effect in this case is hardly Rs.86,000/-.
(2.) Our attention has been drawn to Instruction No.1979 dated 27th March,
2000 issued by the Government of India, Ministry of Finance, Department of
Revenue (Central Board of Direct Taxes). This Instruction pertains to monetary
limits for filing departmental appeals / references before the Income Tax
Appellate Tribunal, High Courts and Supreme Court. The Instruction also
concerns measures for reducing litigation.
(3.) It has been mentioned in the Instruction that the Central Board of
Direct Taxes (CBDT) has decided that appeals will be filed only in cases where
the tax effect exceeds the revised monetary limits which, in respect of appeals
filed in the High Court under Section 260A of the Income Tax Act, 1961 is Rs.2
lakhs. It has also been mentioned in the Instruction that the monetary limits
would apply with reference to each case taken singly. This has been clarified
as follows: -
"In other words, in group cases, each case should individually satisfy the new
monetary limits. The working out of monetary limits will therefore not take
into consideration the cumulative revenue effect as envisaged in Board's earlier
Instruction referred to above.";
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