CBDT Instructions on Monetary Limits for Appeals - Ipso facto should not be Applied
IN Instruction No. dated 09.02.2011, CBDT has fixed monetary limits for filing appeals in the Tribunal, High Courts and Supreme Court. Now the Supreme Court has opined that the Circular should not be applied ipso facto , particularly, when the matter has a cascading effect.
Recently the Supreme Court observed, “Liberty is given to the Department to move the High Court pointing out that the Circular dated 9th February, 2011, should not be applied ipso facto, particularly, when the matter has a cascading effect. There are cases under the Income - Tax Act, 1961, in which a common principle may be involved in subsequent group of matters or large number of matters. In our view, in such cases if attention of the High Court is drawn, the High Court will not apply the Circular ipso facto. For that purpose, liberty is granted to the Department to move the High Court in two weeks.”
This would be applicable to Indirect Taxes also. Now, can the Tribunals also admit appeals on the same ground?