CBDT may direct filing appeals in exception to monetary limits in organised tax evasion activity

CBDT may direct filing departmental appeals in exception to monetary limits in organised tax evasion activity. 

Circular No. 23 of 2019

F, No . 279/Misc./M-93/2018-ITJ (Pt.)
Government of India
Ministry of Finance
Department of Revenue
Central Board Direct Taxes
Judicial  Section

New Delhi, 6th September 2019

Subject: -Exception to monetary limits for filing appeals specified in any Circular issued under Section 268A of the Income-tax Act, 1961-reg

Reference is invited to the Circulars issued from time to time by Central Board of Direct Taxes (the Board) under section 268A of the Income-tax Act,1961 (the Act), for laying down monetary limits and other conditions for filing of departmental appeals before Income Tax Appellate Tribunal (ITAT), High Courts and SLPs/appeals before Supreme Court.

2. Several references have been received by the Board that in large number of cases where organised tax-evasion scam is noticed through bogus Long-Term Capital Gain (LTCG)/Short Term Capital Loss (STCL) on penny stocks and department is unable to pursue the cases in higher judicial fora on account of enhanced monetary It has been reported that in large number of cases, ITATs and High Court have recognized the unique modus operandi involved in such scam and have passed judgements in favour of the revenue. However, in cases where some appellate fora abcaus.in have not given due consideration to position of law or facts investigated by the department, there is no remedy available with the department for filing further appeal in view of the prescribed monetary limits.

3. In this context, Board has decided that notwithstanding anything contained in any circular issued u/s 268A specifying monetary limits for filing of departmental appeals before Income Tax Appellate Tribunal (ITAT), High Courts and SLPs/appeals before Supreme Court, appeals may be filed on merits as an exception to said circular, where Board , by way of special order direct filing of appeal on merit in cases involved in organised tax evasion activity.

4. Hindi version follows.                                                                                              

(Neetika Bansal)
Director (ITJ)
CBDT, New Delhi

Copy to:

1. Chairman, Members and all other officers in CBDT of the rank of Under Secretary and above.

2. All Chief Commissioners of Income tax and all Directors General of Income Tax.

3. ADG (PR, P&P), Mayur Bhawan, New Delhi for printing in the quarterly Tax Bulletin and for circulation as per usual mailing list.

4. The Comptroller and Auditor General of India.

5. ADG (Vigilance), Mayur Bhawan, New Delhi

6. Joint Secretary & Legal Advisor, Ministry of Law & Justice, New Delhi

7. All Directorates of Income-tax, New Delhi and Pr. DGIT(NADT), Nagpur

8. ITCC (3 copies).

9. ADG (System)-4, for uploading on the Department’s website.

10.  Data Base Cell for uploading on irsofficersonline.gov.in.

11. njrs_support@nsdl.co.in for uploading on NJRS

12. Hindi Cell for translation .

13. Guard file

Download CBDT Circular No. 23 of 2019 Click Here >>

• Prima facie satisfaction u/s 148 can not be a non-existing or incorrect information
• Mutual Funds to value physical Gold and Silver by using the polled spot prices
• SC allows simultaneous CIRP proceedings against principal debtor & corporate guarantor
• Merely because sales were declared for only one month, same cannot be treated as bogus
• ITAT deleted addition as method of accounting had been accepted in earlier years

addition u/s 68 addition u/s 69A ca misconduct cash deposit in bank cbdt circular CBDT Instruction cbdt notification cbdt order cbdt press release cgst circular cgst notification cit revision 263 concealment penalty condonation of delay covid-19 custom circular demonetisation due date extension e-way bill faq GST circular GST Council Meeting gst faq gstn advisory GSTR-3B GST rates IBBI ibc income tax penalty itat ITAT Delhi mca circular MCA notification order u/s 119 penalty 271(1)(c) penalty u/s 271(1)(c) Press Release reasons recorded reopening 148 Reopening us 147 Search & Seizure sebi circular unexplained cash credits validity of notice u/s 148 Withdrawal of 2000 500 Bank Notes