Section 268A

Section 268A — the law in short

What the courts have decided on section 268A, in one screen. Read this first; open an entry when you need the facts, the reasoning and the source.

• CBDT Circular 9/2024 CBDT Circulars & InstructionsHelps taxpayer
  The department has appealed against my order. Is the tax effect too small for it to appeal at all?
  With effect from 17 September 2024 the Department is not to file an appeal where the tax effect does not exceed Rs. 60 lakh before the ITAT, Rs. 2 crore before a High Court or Rs. 5 crore before the Supreme Court. It applies to appeals filed after that date and to pending appeals, which may be withdrawn where the tax effect is below the enhanced figures.
• CBDT Circular 5/2024 CBDT Circulars & InstructionsCuts both waysSuperseded by amendment
  The department says the monetary limit does not apply to my case. Which exceptions let it appeal anyway?
  The listed ones only: constitutional validity of a provision, a Board order, instruction, circular or notification held illegal or ultra vires, information from law enforcement agencies such as the CBI or ED, cases where prosecution has been launched or a conviction recorded, adverse judicial comments against revenue authorities, undisclosed foreign income or assets, organised tax evasion, court-directed appeals, TDS/TCS disputes turning on the nature of the transaction, and questions on the applicability of a DTAA.

Listed strongest first: Supreme Court, then High Court, then Tribunal, then CBDT. Nothing here has yet been read in full by a chartered accountant — open an entry to see where it came from.