JURISCAPE LEGAL RESEARCH PVT.LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-4(2),, AHMEDABAD

The captioned two appeals of assessee (quantum and penalty) and one appeal of Revenue, arise from the order of the Commissioner of Income Tax (Appeals) (‘CIT(A)’) concerning A.Y. 2008-09.

The captioned assessee has sought to withdraw the appeals listed above on the ground that they have opted to avail benefits of ‘Vivad se Vishwas Scheme, 2020’ (VSV). When the matter was called for hearing, the ld. counsel for the assessee at the outset has submitted that he does not seek to pursue the said appeals owing to exercise of option for availing VSV Scheme and consequently requested that their applications for withdrawal of appeals may please be granted. Reference was also made to written requests in this regard.

The ld. Departmental Representative for the Revenue stated that he has no objection to withdraw the appeals in the circumstances narrated on behalf of the assessee.

In the light of oral/written requests made on behalf of the captioned assessee, both appeals of assessee in 3030/Ahd/2014 are dismissed as withdrawn. However, in the event, the assessee fails to avail the benefit of VSV Scheme for any bonafide reasons, then the assessee concerned will be at liberty to seek restoration of original appeals for hearing before ITAT in accordance with law. & 1314/Ahd/13 & 3030/Ahd/14 (Juriscape Legal Research Pvt. Ltd.) - 3 -

In the result, both appeals of assesse are dismissed as withdrawn.

The grounds of appeal raised by the Revenue read hereunder:

At the time of hearing, it is transpired that the appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. It is inter alia noticed that the CBDT vide Instruction No. F. No. 279/Misc/M-93/2018-ITJ dt. 20/08/2019 has observed that Circular No.17/2019 dated 08/08/2019 relating to enhancement of monetary limits is also applicable to all pending appeals. As per aforesaid Circular read with instruction, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.

The Learned DR for the Revenue could not demonstrate in applicability of the CBDT Circular No. 17 of 2019. Accordingly, & 1314/Ahd/13 & 3030/Ahd/14 (Juriscape Legal Research Pvt. Ltd.) - 4 - appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal in accordance with law on showing inapplicability of the aforesaid CBDT Circular in any manner.

In the result, the appeal of the Revenue is dismissed.

In the combined result, both appeals of assessee are dismissed as withdrawn. Likewise, Revenue’s appeal is also dismissed.