ACIT CIRCLE-1, GWALIOR vs. SATISH THAKUR, GWALIOR

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ITA 467/AGR/2018Status: DisposedITAT Agra17 May 2021AY 2012-133 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The Tribunal dismissed the appeal as withdrawn, in light of the CBDT circular dated 8th August 2019. This circular states that appeals with a tax effect of Rs 50,00,000 or less will not be pressed by the department.

What were the facts?

The Income Tax Appellate Tribunal (ITAT) was considering an appeal filed by the Revenue. The appeal was filed against an order favorable to the assessee for the assessment year 2012-13. The Revenue sought to withdraw the appeal.

What were the issues?

The primary issue was whether the appeal should be dismissed based on the CBDT's policy of not pursuing appeals with a low tax effect.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH, AGRA

Before: SHRI LALIET KUMAR, & DR. M. L. MEENA

For Appellant: Shri Mazhar Akram, Sr. DR
Hearing: 21.04.2021

PER Dr. M.L. Meena, A.M.:

1.

Vide CBDT circular dated 8th August 2019, the income tax department has announced its policy decision not to file, or press, the appeals, before this Tribunal, against the appellate orders favourable to the assessee in the cases in which overall tax effect, including surcharge but excluding interest, is Rs 50,00,000 or less. This monetary limit, which was Rs 20,00,000 till 7th August 2019, has been in effect enhanced by almost 2.5 times over the last year, and the relief is retrospective in I.T.A No. 467/Agra/2018 2 nature inasmuch as it not only applies to future appeals but also to the pending appeals.

2.

As a step towards management of litigation, the CBDT has decided to further enhance the monetary limits for filing the appeals in income tax cases vide para 3 and Para 5 of the aforesaid circular and thus to remove the agony of uncertainty to the taxpayers who have been successful before the lower appellate authorities.

3.

Learned Departmental Representatives state that liberty may be given to point out, upon necessary further verifications, and to seek recall the dismissal of appeals and restoration of the appeals in the cases which are inadvertently included in this bunch of appeals, wherein the tax effect, in terms of the CBDT circular (supra), exceeds Rs 50,00,000. None opposes this prayer; we accept the same. We make it clear that the appellants shall be at liberty to point out the cases which are wrongly included in the appeals so summarily dismissed, either owing to wrong computation of tax effect. or owing to such cases being covered by the permissible exceptions, or for any other reason, and we will take appropriate remedial steps in this regard.

4.

In the light of the above discussions, and in the light of the CBDT Circular dated 8th August 2019, the appeal, involving tax effect of or less than Rs 50 lakhs, is dismissed as withdrawn.

I.T.A No. 467/Agra/2018 3

5.

With the above observations, the appeal filed by the Revenue stand dismissed.

Order pronounced in the open court on 17/05/2021.

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