ACIT, DHANBAD vs. SHRI GOPAL BARAN CHATTOPADHYAY, DHANBAD

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ITA 262/RAN/2019Status: DisposedITAT Ranchi01 September 2020AY 2014-153 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal should be dismissed due to the low tax effect, as per the CBDT circular which applies retrospectively. The circular mandates that appeals should not be filed if the tax effect is below the specified monetary limit.

What were the facts?

The Revenue appealed against a penalty imposed under Section 271(1)(c) of the Income Tax Act for the assessment year 2014-15. The tax effect of the disputed penalty was below the monetary limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeal is maintainable when the tax effect is below the monetary limit prescribed by the CBDT circular. Applicability of CBDT Circular No. 17/2019 to pending appeals.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

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Income Tax Appellate Tribunal, RANCHI BENCH “E” Court at KOLKATA

Before: Shri J.Sudhakar Reddy & Shri S.S.Godara

Assistant Commissioner Shri Gopal Baran Chattopadhyay, 505, 5th of Income Tax, Central बनाम Circle-1(1) 1st Floor, Shanti Bhawan, Bank V/s. Aaykar Bhawan, L.C. More, Dhanbad-876001 Road, Dhanbad-826001 [PAN No.ABUPC 9299 E] .. अपीलाथ� /Appellant ��यथ�/Respondent Shri N.S.Khalkho, JCIT-SR-DR अपीलाथ� क� ओर से/By Appellant Shri R.R. Mittal, FCA ��यथ� क� ओर से/By Respondent 01-09-2020 सुनवाई क� तार�ख/Date of Hearing 01-09-2020 घोषणा क� तार�ख/Date of Pronouncement आदेश /O R D E R PER BENCH :- This Revenue’s appeal for assessment year 2014-15 arises against the Commissioner of Income Tax (Appeals)-Dhanbad’s order dated 24.09.2019 passed in case No. CIT(A), Dhanbad/10027/2017-18 imposing penalty of ₹14,48,130/-u/s 271(1)(c) the Income Tax Act, 1961; in short ‘the Act’. Heard Shri R.R. Mittal, authorized representative and Shri N.S. Khalkho, JCIT-SR-DR for assessee and department; respectively. Case file perused.

2.

It is seen at the outset that the tax effect on the disputed penalty before us is less than Rs. 50 lacs as the prescribed in the CBDT’s latest ACIT, Cir-1(1) Dhanbad Vs. Sh Gopal Baran Chattopadhyay Page 2 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: 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 3.1 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.” 3.2. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, we do not see this case falling under any of the exceptions contemplated in the said circular per se. We also find 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 ACIT, Cir-1(1) Dhanbad Vs. Sh Gopal Baran Chattopadhyay Page 3 revenue authorities. We thus hold that this Revenue’s appeal raising sole issue of ₹73,49,434/- deserve to be dismissed in terms of low tax effect. We make it clear that it shall very much open for the Revenue to seek necessary rectification in case it is found that any of the appeal involve operations of exception clauses in the tax effect circular as per law.

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