DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, BELAGAVI vs. SHRI SHIVANAND A. MANAKAR, KALABURAGI

PDF · subscribers
ITA 155/PAN/2018Status: DisposedITAT Panaji13 June 2022AY 2014-153 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The ITAT held that as per CBDT Circular No. 17/2019, appeals with a tax effect of Rs. 50 lakhs or less should not be filed. This circular is applicable retrospectively to pending appeals.

What were the facts?

The Revenue filed an appeal before the Income Tax Appellate Tribunal (ITAT) against an order of the CIT(A). The tax effect on the disputed additions was less than Rs. 50 lakhs.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT given the tax effect and the applicability of CBDT Circular No. 17/2019.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, ‘PANAJI’ BENCH, PANAJI

Before: SHRI CHANDRA MOHAN GARG & SHRI GIRISH AGRAWAL

For Appellant: Shri Rajkumar Hanchnal, CA
For Respondent: Shri Mayur Kamble, Sr. DR
Hearing: 13.06.2022Pronounced: 13.06.2022

O R D E R

PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

1.

The present appeal filed by the Revenue is directed against the order dated 29.01.2018 of the Commissioner of Income Tax (Appeals)-2, Panaji in for A.Y. 2014-15 against the assessment order passed by DCIT, Central Circle, Belagavi dated 29.01.2016 u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’)

2.

At the outset, it is seen that the tax effect on the disputed additions before us is less than Rs.50 lacs as the prescribed in the CBDT’s latest Circular No17/2019 dated 08.08.2019. It will be pertinent to reproduce the relevant portion of the said Circular as follows:- “2 . As a step toward further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows:

Shri Shivanand A. Manakar A.Y. 2014-15

S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000 2.1 We find that intention behind the Circular No17/2019 dated 08.08.2019 needs to be understood in the following perspective:- 3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-à-vis where composite order for more than one assessment year is passed, para 5 of the circular is substituted by the following para: “5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. if, the case of an assessee, the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No. appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessments year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately.” 2.2. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble Apex Court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities.

3.

We have heard the rival submissions and perused the material on record. We find from the records before us that the tax involved in the disputed issue is below Rs.50 lakhs and therefore, in view of the CBDT Circular No. 17/2019 dated 08.08.2019 no appeal should be filed by the Revenue before the Tribunal which has tax effect of Rs. 50.00 lakhs or less and Shri Shivanand A. Manakar A.Y. 2014-15 this circular is also applicable retrospectively to all pending appeals. Therefore, the appeal filed by the Revenue is dismissed.

4.

In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on 13.06.2022.

Recent GST High Court judgments

Search GST case law →