THE DCIT(INT.TAXN), KOCHI vs. SRI.AMEER AHMED, KOCHI

PDF · subscribers
ITA 298/COCH/2018Status: DisposedITAT Cochin04 April 2019AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect in the appeal was less than Rs. 20 lakhs, which is below the monetary limit specified in CBDT Circular No. 3/2018 for filing appeals before the ITAT. Therefore, the appeal was not maintainable.

What were the facts?

The Revenue filed an appeal before the ITAT. The assessee contended that the tax effect in the appeal was below the prescribed limit for filing appeals as per CBDT Circular No. 3/2018. The disputed issue was the computation of long-term capital gain.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect is below the prescribed monetary limit as per CBDT Circular No. 3/2018.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Chandra Poojari, AM & Shri George George K, JM

Hearing: 04.04.2018Pronounced: 04.04.2019

Per George George K, JM

This appeal at the instance of the Revenue is directed against the Commissioner of Income-tax (Appeals)’s order dated 05.04.2018. The relevant assessment year is 2012- 2013.

2.

At the very outset, the learned Counsel for the assessee submitted that the tax effect in this appeal filed by the Department is below the prescribed limit mentioned in Circular No.3/2018 (Circular dated 11.07.2018) for filing appeal before the Appellate Tribunal. It was submitted by the learned Counsel that the issue disputed in this appeal is regarding computation of long term capital gain for a sum of Rs.1,76,98,500. It was further submitted by the learned Counsel that since there was no indexation of cost of

ITA No.298/Coch/2018 2 Sri.Ameer Ahmed. acquisition, the assessee would be liable to be taxed at the rate of 10%. It stated that in such a case, the tax effect would be only Rs.17,69,850. Therefore, it was contended that since the tax effect in this case is below the sum of Rs.20 lakh, the Department cannot file an appeal before the Tribunal in view of the above mentioned Circular.

3.

The learned Departmental Representative present was duly heard.

4.

We have heard the rival submissions and perused the material on record. It is observed that the tax effect in the appeal filed by the Revenue is less than Rs. 20 lakhs and therefore the Circular No. 3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes (CBDT) in exercise of its power vested under Sec. 268A(1) of the I.T. Act comes into play, wherein, the monetary limit for filing the appeal(s) by the Revenue before the ITAT and various High Courts as well as Apex Court are revised with an object of reducing the tax litigation. Vide para 3 of the said circular (supra), it is stated that in cases where the tax effect in the appeal to be filed before the Appellate Tribunal does not exceed Rs. 20 lakhs, appeal should not be filed. Thus, taking a note of CBDT Circular No. 03/2018 dated 11.07.2018 and considering the fact that the tax effect in the instant appeal is less than Rs. 20 lakhs, the present appeal deserves to be dismissed, as not maintainable. However, we make it clear that the issue(s) raised in the instant appeal is left open to be examined in the

ITA No.298/Coch/2018 3 Sri.Ameer Ahmed. appropriate proceedings, if arises, in future. At the same time, we also make it clear that if the appeal fall in any of the exceptions referred to in the above said CBDT Circular, the Revenue is at liberty to move an application for recalling the order, if so, advised.

5.

Accordingly in the light of CBDT Circular No. 03/2018 dated 11.07.2018, the appeal stands dismissed.

6.

In the result, the appeal filed by the Revenue is dismissed.

Order pronounced on this 04th day of April, 2019.

Sd/- Sd/- (Chandra Poojari) (George George K) ACCOUNTANT MEMBER JUDICIAL MEMBER

Cochin ; Dated : 04th April, 2019. Devdas*

Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. The Pr.CIT, Kochi. 4. The CIT(Appeals)-II, Kochi. 5. DR, ITAT, Cochin 6. Guard file.

BY ORDER,

(Asstt. Registrar) ITAT, Cochin

More judgments on Section 268A

All 3,931 judgments and leading authorities on Section 268A →

Recent GST High Court judgments

Search GST case law →