C I T JAIPUR vs. VIVEK JAIN

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ITA/6/2013HC RajasthanRJHC02015064201309 October 20173 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the instant appeal, with a tax effect indisputably less than Rs. 20 lac, deserved to be dismissed as not pressed, in light of CBDT Circular No. 21/2015. The Court noted that the circular's instructions applied retrospectively to pending appeals. While dismissing the appeal, the Court clarified that any substantial questions of law raised in the appeal were left open to be examined in an appropriate future proceeding. The Revenue was granted liberty to move an application for recalling the order if the appeal fell under any of the exceptions specified in the circular. Accordingly, the appeal was dismissed as not pressed.

What were the facts?

The appeal was filed by the Commissioner of Income Tax, Jaipur-III against an order of the Income Tax Appellate Tribunal. The tax effect in dispute was less than Rs. 20 lac. The Central Board of Direct Taxes (CBDT) issued Circular No. 21/2015 on December 10, 2015, superseding previous instructions and regularizing monetary limits for filing appeals by the Revenue before various courts, including the High Court, with the objective of reducing litigation. The circular stipulated a monetary limit of Rs. 20,00,000/- for appeals before the High Court. It also provided for exceptions where appeals could be contested on merits irrespective of the tax effect.

What were the issues?

1. Whether the appeal filed by the Revenue before the High Court is maintainable given that the tax effect is less than the prescribed monetary limit of Rs. 20,00,000/- as per CBDT Circular No. 21/2015. Assessee's Contention: The judgment does not record any specific contentions made by the respondent assessee. However, the outcome suggests the assessee would likely rely on the CBDT circular to argue for dismissal. Revenue's Contention: The judgment does not record specific contentions made by the appellant Revenue. However, the Revenue filed the appeal, implying a belief in its maintainability or merit, despite the tax effect.

Which sections of the Income-tax Act were involved?

Section 268A,Section 12A

AI-generated summary — verify with the full judgment below

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 6 / 2013 Commissioner of Income Tax, Jaipur-III, Statue Circle, C-Scheme Jaipur ----Appellant Versus Shri Vivek Jain, B-24, Prabhu Marg, Kishori Apartment, Tilak Nagar, Jaipur ----Respondent _____________________________________________________ For Appellant(s) : Mr. Sameer Jain For Respondent(s) : Mr. Mahendra Gargeiya _____________________________________________________ HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE DINESH CHANDRA SOMANI 09/10/2017

1.

Instant appeal is directed against order of the Income Tax Appellate Tribunal and indisputably the tax effect as brought to our notice, is less than Rs.20 lac.

2.

A Circular No.21/2015 has been issued by the Central Board of Direct Taxes dated 10.12.2015 in exercise of its power u/sec. 268A (1) of the Income-tax Act 1961 in supersession of the Boards instruction No.5/2014 dt.10.7.2014 regularising the monetary limits for filing the appeals by the Revenue before the Tribunal, High Courts and Apex Court with an object for reducing litigation. Relevant para nos.3, 8, 9 and 10 reads ad infra :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :-

(2 of 3) [ITA-6/2013] S. No. Appeals in Income-tax matters Monetary Limit (in Rs.) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case. 4. xxx xxx xxx 5. xxx xxx xxx 6. xxx xxx xxx 7. xxx xxx xxx

8.

Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect: (a) Where the Constitutional validity of the provisions of an Act or Rule are under challenge, or (b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or (d) Where the addition relates to undisclosed foreign assets/bank accounts.

9.

The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute & rules. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12 A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case.

10.

This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme

(3 of 3) [ITA-6/2013] Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

3.

The extract of the paragraphs referred to supra, clearly indicates that the limits specified in para 3 may not apply to certain exceptions specified in para 8, at the same time para nos.9 and 10 of the Circular if read conjointly, clearly envisages that the present instructions will apply retrospectively to all the pending appeals and appeals to be filed henceforth in High Courts/Tribunals, subject to exceptions where the tax effect even if is less than Rs.20 lac, can be preferred in High Courts.

4.

Taking note of the CBDT Circular dt. 10/12/2015 and the tax effect which indisputably in the instant case is less than Rs.20 lac, much less than what has been prescribed for filing appeal before the High Courts, deserves to be dismissed as not pressed. However, it is made clear that the substantial questions of law raised in the instant appeals, if any, are left open to be examined in an appropriate proceeding, if arises in future. At the same time we consider it appropriate to observe that if the appeal falls in any of the exceptions as referred to in the Circular dt. 10/12/2015, the Revenue will be at liberty to move an application for recalling of the order if so advised.

5.

Accordingly, in the light of the CBDT Circular dated 10.12.2015 the appeal stands dismissed as not pressed.

6.

Liberty to revive in case of difficulty. (DINESH CHANDRA SOMANI),J. (K.S. JHAVERI),J.

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