CBDT - Revision of exceptions to monetary limits for filing appeals deferred under provisions of Section 158AB

Last updated: 12 June 2023

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The Central Board of Direct Taxes (CBDT) has issued new guidelines regarding exceptions to monetary limits for filing appeals under Section 158AB of the Income Tax Act. These guidelines clarify how to handle cases with single or multiple contested grounds, especially when Section 158AB applies to some but not all grounds. The aim is to provide clarity on when appeals can be deferred based on tax effect and the year a final decision is received in a related case.

Circular No. 8/2023 No. 279/Misc./M-93/2018-ITJ(Pt.) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes, New Delhi ***** Dated the 31st, May, 2023 Sub:- Revision of exceptions to monetary limits for filing appeals deferred under provisions of Section 158AB - reg. Ref:- 1. CBDT Letter F.No.279/Misc.142/2007-ITJ(Pt) dated 20.08.2018 2. CBDT letter F.No.279/Misc./11/1-93/2018-ITJ(Pt.) dated 29.09.2022 3. CBDT Letter F.No.279/Misc./M

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FAQ :

This notification provides revised guidelines on exceptions to monetary limits for filing appeals under Section 158AB of the Income Tax Act.

If only one ground is contested and the tax effect exceeds the monetary threshold, and Section 158AB applies, the appeal may be deferred in the current year. It should be filed in the year a final decision on the identical question of law is received in favour of the Revenue.

If multiple grounds are contested and Section 158AB applies only to certain grounds, appeals on those grounds may be deferred in the current year, while appeals on residual grounds can be filed. Appeals on Section 158AB grounds are to be filed later, irrespective of the monetary limit at that time.

Yes, if judicial finality is achieved in favour of the Revenue in an 'other case' (as defined in Section 158AB), the appeal in the 'relevant case' should be contested on merits irrespective of monetary limits. If the outcome is not in favour of the Revenue and is not accepted, the Department will contest it on merits to achieve judicial finality.

These guidelines come into effect from the date of issue of the letter, which is 31st May 2023.

Notification No : Circular No. 8/2023
Source : https://incometaxindia.gov.in/communications/circular/circular-8-2023.pdf

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