ITO (TDS), GURGAON vs. M/S THE GURGAON CENTRAL COOP. BANK LTD, VILL. JAMALPUR, GURGAON

All these three miscellaneous applications are preferred by the ld AO stating that ITAT has passed a common order in respect of four assessee’s stating that the tax effect in the aforementioned cases are below Rs. 10 lakhs, however, the tax effect of the said cases were more than Rs. 10 lakhs.

The Gurgaon Central 2013-14 13,11,841/- 6707/Del/2015 Page | 1 Coop. Bank, Vill. Jamalpur, Gurgaon 4. The Gurgaon Central 2012-13 14,63,897/- 6715/Del/2015 Coop. Bank, Vill. Basai, P.O. Basai, Haryana 2013-14 14,87,772/- 6716/Del/2015 3. In view of this we recall 6516 & 6707/Del/2015 for the Assessment Year: 2012-13 to 2013-14.

In the result the miscellaneous applications filed by the AO are allowed.

However, at the time of hearing it was noticed that tax effect revised upwardly to Rs. 50 lakhs from Rs. 10 lacs as all these six appeals the tax effect is less than Rs. 50 laks following Circular No. 17/2019 dated 08th August 2019 has enhanced the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “2. As a step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income- tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S.No. Appeals/SLPs in Income-tax Monetary Limit (Rs.) 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 a 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 the circular is substituted by the following para: "5. 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 specified in para 3. No appeal shall be filed in respect of an assessment year or y ears in which the tax effect is less than the monetary limit specified in para 3. 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 Page | 2