What did the Tribunal hold?

The Tribunal dismissed the appeals filed by the Revenue as withdrawn, as they fell within the revised monetary limit of Rs 50,00,000 or less for tax effect, as per the CBDT circular. Liberty was granted to the Revenue to seek recall of dismissal for cases inadvertently included or with a higher tax effect.

The Income Tax Appellate Tribunal (ITAT) is disposing of multiple appeals filed by the Revenue. The disposal is based on a CBDT circular dated August 8, 2019, which revised the monetary limits for filing appeals.

What were the issues?

The primary issue was the application of the CBDT's revised monetary limits for filing appeals before the ITAT, which aimed to manage litigation and reduce the burden on taxpayers.

A.C.I.T.-2, Auraiya vs Sh. Santosh Kumar Pandey S/O/… | ITAT Agra 2019

Income Tax Appellate Tribunal, AGRA BENCH, AGRA

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

Hearing: 14.08.2019Pronounced: 19.08.2019

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

A.C.I.T.-2, AURAIYA vs. SH. SANTOSH KUMAR PANDEY S/O/, AURAIYA

What did the Tribunal hold?

What were the facts?

What were the issues?

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