INCOME TAX OFFICER, AMRITSAR vs. M/S. VIVEK PRINTS, AMRITSAR
What did the Tribunal hold?
The Tribunal dismissed the appeal filed by the Revenue and the Cross Objection filed by the assessee. This was in light of the CBDT Circular dated 8th August 2019, which stipulated not to press appeals where the tax effect is Rs. 50,00,000 or less.
What were the facts?
The Income Tax Department had filed an appeal before the ITAT. The assessee had submitted a tax calculation chart. The Revenue's representative had no objection to deciding the appeal based on the tax effect.
What were the issues?
The primary issue was whether the appeal should be dismissed based on the monetary limit set by the CBDT circular for appeals with a low tax effect.
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR.
Before: SH. LALIET KUMAR & DR. M. L. MEENA
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Per Bench:
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 nature inasmuch as it not only applies to future appeals but also to the pending appeals.
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 to remove the agony of uncertainty to the taxpayers who have been successful before the lower appellate authorities.
The assessee has submitted tax calculated chart which is as under:
The Ld. DR has no objection to decide the appeal in tax effect.
We make it clear that the appellants shall be at liberty to point out wrong computation of tax effect being covered by the permissible exceptions, or for any other reason, and accordingly we will take appropriate remedial steps in this regard.
In the light of the above discussions, and in the light of the CBDT Circular dated 8th August 2019, this appeal, being involving tax effect of less than Rs 50 lakhs, is dismissed as well as C.O. of the assessee is also dismissed as infructuous.
With the above observations, the appeal filed by the Revenue and C.O. of the Assessee are stand dismissed.
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