CBDT Notifies Enhancement of Monetary Limits For Filing Appeals By Income Tax Dept. Before ITAT, High Courts and Supreme Court

The Central Board of Direct Taxes (CBDT) has notified the enhancement of Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal (ITAT), High Courts and Special Leave Petitions (SLPs)/appeals before the Supreme Court.

Now, the CBDT has increased the monetary limit of ITAT from Rs. 50 lakhs to Rs 60 Lakhs; high court from Rs. 1 crore to Rs. 2 crores and in case of Supreme Court the monetary limit has been enhanced from Rs. 2 Crores to Rs. 5 Crores.

Earlier, the Board notified the monetary limits for filing of income tax appeals by the Department before Income Tax Appellate Tribunal (ITAT), High Courts and SLP/appeals before Supreme Court which was Rs. 50 lakhs, Rs. 1 Crore and Rs. 2 Crores respectively. 

The Monetary limits given with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, 1961 with exceptions, where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits.

The Board has clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in cases is to be decided on merits of the case. The officers concerned shall keep in mind the overall objective of reducing unnecessary litigation and providing certainty to taxpayers on their Income-tax assessments while taking a decision regarding filing an appeal.

Read More: Income Tax Addition Can’t Be Made On Mere Admission Of Assessee Without Any Corroborative Evidence: Rajasthan High Court

Applicability 

The modifications shall come into effect from the date of issue of the Circular. The Circular will apply to SLPs/appeals to be filed henceforth in SC/HCs/Tribunal. It shall also apply to the SLPs/ appeals pending before the Supreme Court/High Courts/Tribunal, which may accordingly be withdrawn.

Circular No. 09/2024

Date: 17/09/2024

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Mariya Paliwala

Mariya is the Senior Editor at Juris Hour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.

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