99[Filing of appeal or application for reference by income-tax authority.
268A. (1) The Board may, from time
to time, issue orders, instructions or directions to other income-tax
authorities, fixing such monetary limits as it may deem fit, for the purpose of
regulating filing of appeal or application for reference by any income-tax
authority under the provisions of this Chapter.
(2) Where, in pursuance of the orders, instructions or
directions issued under sub-section (1), an income-tax authority has not filed
any appeal or application for reference on any issue in the case of an assessee
for any assessment year, it shall not preclude such authority from filing an
appeal or application for reference on the same issue in the case of—
(a) the same assessee for any other assessment
year; or
(b) any other assessee for the same or any other
assessment year.
(3) Notwithstanding that no appeal or application for
reference has been filed by an income-tax authority pursuant to the orders or
instructions or directions issued under sub-section (1), it shall not be lawful
for an assessee, being a party in any appeal or reference, to contend that the
income-tax authority has acquiesced in the decision on the disputed issue by
not filing an appeal or application for reference in any case.
(4) The Appellate Tribunal or Court, hearing such appeal
or reference, shall have regard to the orders, instructions or directions
issued under sub-section (1) and the circumstances under which such appeal or
application for reference was filed or not filed in respect of any case.
(5) Every order, instruction or direction which has been
issued by the Board fixing monetary limits for filing an appeal or application
for reference shall be deemed to have been issued under sub-section (1) and the
provisions of sub-sections (2), (3) and (4) shall apply accordingly.]
