The Central Board of Direct Taxes
(CBDT) has permitted tax officials to file appeals against orders in tribunals and courts in case of organised tax evasion — on the basis of merit — even if earlier norms do not permit these filings. Last month, the CBDT
had doubled the monetary limits of tax disputes for filing appeals by the income-tax department in high courts and the Supreme Court. The limits for filing appeals in the Income Tax Appellate Tribunal was more than doubled.
However, several references have been received by the board, which state that organised tax-evasion scams are noticed through bogus gains and losses on penny stocks, and that the department is unable to pursue the cases in higher judicial fora given the enhanced monetary limits.
It has been reported that in many cases, tribunals and high courts have recognised the unique modus operandi involved in such scams, and have passed judgements in favour of the revenue. However, in cases where some appellate fora have not given due consideration to the position of law or facts as investigated by the department, there is no remedy available with the department for filing further appeal in view of the prescribed monetary limits.