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Withdraw all appeal cases in courts by January-end: CBDT to taxman

The move assumes significance as the NDA government would present the interim Budget for 2019-20 on February 1

Press Trust of India  |  New Delhi 

Prove that you tried to find a tenant for empty second house or pay tax

The has directed the to withdraw all appeal cases, pertaining to certain monetary limits and parameters, from various courts by this month-end as part of the government's drive to end frivolous litigations.

Member (Revenue) Neena Kumar has recently written a letter to all range heads and principal chief commissioners of the department to "conclude" the exercise of identification and closing of such cases by holding "personal meetings with senior officials of registry of Income Tax Appellate Tribunal (ITAT) and High Courts so that the appeal withdrawal process is completed quickly".

The Central Board of Direct Taxes (CBDT) frames policy for the I-T Department.

The move assumes significance as the government would present the interim Budget for 2019-20 on February 1. The country will go for general elections post this, probably in the months of March-April.

Kumar, in her letter, added that "litigation management is one of the prime areas of focus of central government" as she pointed out that the had issued a detailed circular on this subject in July last year.

As part of this 2018 circular, the CBDT had hiked the threshold limit for the department to file appeals in tribunals (ITAT) and courts (HC and Supreme Court) in order to bring down litigation between the I-T Department and the assessee substantially.

It had then told the department that appeals shall not be filed in ITAT if the monetary limit involved in the case is within Rs 20 lakh. The minimum limit is Rs 50 lakh for high courts and Rs 1 crore for the apex court.

"It is 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 such cases is to be decided on merits of the case," the CBDT had said.

The member in her latest communication said that as per the data with the CBDT, "substantial scope" of withdrawal of identified appeals exists.

The entire exercise of withdrawal of appeals must conclude by January-end and withdrawal figures should be intimated to the board by January 31, she said in her letter.

First Published: Mon, January 21 2019. 20:20 IST
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