ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, ALWAR vs. M/S ARYA ALLOYS PVT. LIMITED, ALWAR

ORDER PER: VIKRAM SINGH YADAV, A.M. This appeal by the department is directed against the order dated 10.04.2017 of ld. CIT (A)-22, Alwar for the assessment year 2009-10. Further, the assessee has filed cross objection supporting the order of the ld. CIT(A). As per the grounds of appeal, the tax effect calculated by the AO in respect of the relief granted by the & CO No. 31-JP-2018 ACIT, Alwar vs. M/s Arya Alloys Pvt. Ltd., Alwar ld. CIT (A) which has been challenged in the present appeal is less than Rs. 50 lacs.

Circular No. 3/2018 dated 11th July 2018 has been replaced by Circular No. 17/2019 dated 8th August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation. Appeals/SLPs in Income- Monetary Limit (Rs.) Monetary Limit (Rs.) tax matters (previous limit) (Revised Limit) Before Appellate 20,00,000 50,00,000 Tribunal Before High Court 50,00,000 1,00,00,000 Before Supreme Court 1,00,00,000 2,00,00,000 • The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. 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. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. • 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. -JP-2017 & CO No. 31-JP-2018 ACIT, Alwar vs. M/s Arya Alloys Pvt. Ltd., Alwar • In case where a composite order/ judgement involves more than one assessee, each assessee shall be• dealt with separately.”

Accordingly, the appeal of the department is not maintainable being monetary limit is less than/not exceeding Rs. 50,00,000/-. 3. The department is at liberty to file the Miscellaneous Application in case the tax effect in this appeal is found to be more then Rs. 50,00,000/- or the case falls in any of the exceptions of the circular. 4. In the result, both the appeal of the department and cross objection by the assessee, being infructious, are dismissed.

Order pronounced in the open court on 02/09/2019.

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