ACIT CIRCLE 2(1), GWALIOR vs. KS INFRASTRUCTURE P LTD, MORENA

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ITA 80/AGR/2017Status: DisposedITAT Agra12 September 2019AY 2008-093 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The Tribunal, in light of CBDT Circular No. 17/2019, dismissed all the appeals as withdrawn, as the tax effect was within the prescribed monetary limit. Liberty was granted to the Revenue to seek recall if any appeal was inadvertently included.

What were the facts?

A batch of 12 revenue appeals were filed before the ITAT. The Revenue's counsel submitted that the tax effect in these appeals did not exceed Rs. 50,00,000/- in each case.

What were the issues?

The primary issue was the maintainability of the revenue appeals before the Tribunal given the monetary limits prescribed by the CBDT circular for filing appeals.

Which sections of the Income-tax Act were involved?

Not Applicable

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AGRA BENCH, AGRA

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

Hearing: 12.09.2018Pronounced: 12.09.2018

PER BENCH:

This bunch of revenue appeals called into question the correctness of the relief granted by the CIT(A) where ld. DR submitted that the tax effect involved in

2 80/Agr/2017 and other 11 appeals all these appeals does not exceeds Rs. 50,00,000/- in each of these appeals. Therefore, in view of CBDT circular No. 17/2019, dated 8th August 2019, all these appeals were heard together and disposed of by this consolidated order.

2.

Vide CBDT circular No. 17/2019, 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.

3.

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. These appeals were heard by this Bench and are being disposed of by this composite order.

4.

The ld. Counsel for the assessees referred to the CBDT circular No.17/2019, dated 8th August 2019 and demonstrated that as to how the appeals are not maintainable in the light of CBDT Circular and all these appeals are liable to be dismissed as withdrawn.

5.

The respondent ld. DR did not oppose the action propose by the tribunal, in principle, but requested that legitimate interest of revenue authorities be suitably protected so as the appeals which are found not covered by the aforesaid circular are reinstated and decided on merits. He submitted 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

3 80/Agr/2017 and other 11 appeals 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.

6.

In the light of the above discussions, and in the light of the CBDT Circular No.17/2019, dated 8th August, 2019 all these appeals, involving tax effect of or less than Rs 50 lakhs, are dismissed as withdrawn.

7.

With the above observations, all the 12 appeals filed by the Revenue are dismissed.

Order pronounced in the open court on 12/09/2019.

Sd/- Sd/- (Laliet Kumar) (Dr. M.L. Meena) JUDICIAL MEMBER ACCOUNTANT MEMBER *AKV* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT Sr. PRIVATE SECRETARY ITAT, AGRA

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