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Date of order :23.07.2018 ITA No.285/2013 The Commissioner of Income Tax and another vs.M/s. Autodesk India Pvt. Ltd., F No. 279/Misc. 142/2007-ITJ (Pt) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes New Delhi the 11th July, 2018 Subject: Revision of monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/ appeals before Supreme Court- measures for reducing litigation-Reg.
Date of order :23.07.2018 ITA No.285/2013 The Commissioner of Income Tax and another vs.M/s. Autodesk India Pvt. Ltd.,
3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:
Sl.No. Appeals/SLPs in Monetary Income-tax matters Limit (Rs.)
1. Before Appellate 20,00,000 Tribunal
Further, 'tax effect' shall be tax including applicable surcharge and cess. However, the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue Date of order :23.07.2018 ITA No.285/2013 The Commissioner of Income Tax and another vs.M/s. Autodesk India Pvt. Ltd., under dispute, the amount of interest shall be the tax effect. In cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against.
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 years in which the tax effect is less than the monetary limit specified in para 3. In other words, henceforth, appeals can be filed only with reference to the tax effect in the relevant assessment year. However, in case of a composite order of any High Court or appellate authority, which involves more than one assessment year and common issues in more Date of order :23.07.2018 ITA No.285/2013 The Commissioner of Income Tax and another vs.M/s. Autodesk India Pvt. Ltd., than one assessment year, appeals shall be filed in respect of all such assessment years even if the tax effect is less than the prescribed monetary limits in any of the year(s), if it is decided to file appeal in respect of the year(s) in which tax effect exceeds the monetary limit prescribed. In case where a composite order/ judgment involves more than one assessee, each assessee shall be dealt with separately.