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Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI LALIET KUMAR, & DR. M. L. MEENA
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 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.
Learned Departmental Representatives state 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 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.
In the light of the above discussions, and in the light of the CBDT
Circular dated 8th August, 2019, these appeals, involving tax effect of or
less than Rs 50 lakhs, are dismissed as withdrawn.
With the above observations, the appeals filed by the Revenue are
dismissed.
Sd/- Sd/- (Dr. Mitha Lal Meena) (Laliet Kumar) Accountant Member Judicial member
Dated: 19.08.2019 Aks (Tour) Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order Assistant Registrar Income Tax Appellate Tribunal Agra Bench, Agra