Income Tax Dept warns public against cash dealings of Rs 2 lakh or more saying that the receiver of the amount will have to cough up an equal amount as penalty. 2 CPC now is Withdrawing Notice u/s 139(9) with the remarks that it has been issued inadvertently.

Monetary limit set by CBDT for filing appeal binding on department except in cases decided contrary to SC ruling

For reduction of arrears in Supreme Court, High Courts and Tribunals, Legislation had thought it fit to put some prohibition on department and had, therefore, amended section 268A(4) with retrospective effect and accordingly CBDT circulars were issued instructing subordinate officers that no appeal shall lie, except on a question of law, from an order where monetary limit of tax effect is lesser than that stipulated for different appellate fora. Said Circulars would be binding on subordinate officers. Department cannot take a contrary view and insist for arguing matter on merits (Majority view)

• Circular issued by the CBDT under Section 268A is binding on Department and, thus, no appeal can be filed if it is barred; however, in those cases where issue decided by Commissioner (Appeals) or Tribunal is contrary to ratio propounded by Supreme Court on same issue, Department can prefer an appeal (Minority view).
Refer:[2017] 87 taxmann.com 239 (Rajasthan)

Share This!



No comments:

Post a Comment