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As per CBDT's Circular No.17/2019, the department cannot file appeals before the ITAT/High Court/ Supreme Court incase the tax impact (except interest and penalty) of disputed issues exceed the following limits - S. No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.)
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The CBDT has set monetary limits for appeals: £50,000 for the Appellate Tribunal, £1,00,000 for the High Court, and £2,000,000 for the Supreme Court. These limits apply to the tax impact, excluding interest and penalty.
For composite orders involving multiple assessment years, the Assessing Officer must calculate the tax effect separately for each year. Appeals are only filed for assessment years where the tax effect exceeds the specified monetary limit.
Yes, interest and penalty amounts are considered part of the 'tax impact' and are included when calculating the monetary limit for appeals, provided they individually exceed the threshold.
Yes, the circular does not apply to matters challenging the constitutional validity of an Act or Rule, cases where a Board's order has been held illegal, accepted revenue audit objections, or situations where the tax effect is not quantifiable, such as trust registrations.
Yes, the circular applies to appeals filed before August 2019 as well. If the thresholds are not met, such appeals would need to be withdrawn.
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