Income Tax Department vs. M/S Sbd Developers

ITA/207/2022HC Madhya Pradesh11 February 2025Bench: HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI2 pages

For Petitioner: Veena Mandlik

AI SummaryDismissed

What did the High Court hold?

The High Court held that the appeal filed by the Revenue is not maintainable. The Court noted that CBDT Circular No. 5/2024, which was later amended by Circular No. 9/2024, supersedes the earlier Circular No. 3/2018 and Circular No. 17/2019. The latest circulars do not provide for an exception clause like 10(C) that would allow filing an appeal notwithstanding the tax effect being below the monetary limits. Therefore, based on the prevailing circulars, the appeal was dismissed. However, the Court clarified that the question of law raised in the appeal remains open, and the appellant is at liberty to file an application if the cause of action survives as per law.

What were the facts?

The Income Tax Department (appellant) filed an appeal under Section 260A of the Income Tax Act, 1961, against an order passed by the Income Tax Appellate Tribunal, Indore, in ITA No.124/IND/2021 dated 21/01/2022. The respondent is M/s SBD Developers. The appeal's maintainability before the High Court was questioned based on CBDT Circular No.3/2018, which provides exceptions for filing appeals. The tax effect in this case was Rs.8,80,000, which is below the monetary limits specified in subsequent CBDT Circulars No. 17/2019 and 5/2024. The respondent was not represented before the High Court.

What were the issues?

1. Whether the appeal filed by the Revenue is entertainable before this Court under exception Clause 10(C) of CBDT Circular No.3/2018 dated 11/07/2018, given the tax effect of Rs.8,80,000/-, which is below the monetary limits specified in subsequent circulars. The appellant (Revenue) contended that the appeal should be entertained, likely relying on the exception clause in the earlier circular. The respondent (assessee) did not appear to make any submissions. The High Court's decision hinges on the interpretation and applicability of the relevant CBDT circulars regarding monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 260A

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI & HON'BLE SHRI JUSTICE GAJENDRA SINGH ON THE 11th OF FEBRUARY, 2025 INCOME TAX APPEAL No. 207 of 2022 INCOME TAX DEPARTMENT Versus M/S SBD DEVELOPERS Appearance: Shri Harsh Parashar - senior standing counsel with Shri Shantanu Sharma - counsel for the appellant. None for the respondent. ORDER Per: Justice Sushrut Arvind Dharmadhikari The instant appeal under Section 260(A) of the Income Tax Act, 1961 has been preferred by the appellant being aggrieved by the order passed by learned Income Tax Appellate Tribunal, Indore, in ITA No.124/IND/2021 dated 21/01/2022. The only controversy seems to be involved in the case as to whether the appeal filed by the Revenue would be entertainable before this Court under exception Clause 10(C) of CBDT Circular No.3/2018 dated 11/07/2018. Admittedly, the tax effect involved in the case is Rs.8,80,000/-, which is below the monetary limit as specified in the Circular No. 17/2019 dated 08/08/2019 and CBDT Circular No. 5/2024 dated 15/03/2024. 1 ITA-207-2022 NEUTRAL CITATION NO. 2025:MPHC-IND:3580 Signed by: HEMANT SARAF Signing time: 20-02-2025 12:47:52 Signature Not Verified

(SUSHRUT ARVIND DHARMADHIKARI) JUDGE (GAJENDRA SINGH) JUDGE On perusal of the Circular dated 15/03/2024, which was later on, amended by Circular No. 9/2024 dated 17/09/2024 issued by CBDT supersedes the Circular dated 11/07/2018 and 08/08/2019, it is seen that it does not provide exception clause i.e. 10(C), wherein the appeal can be filed notwithstanding that the tax effect entailed is less than the monetary limits under the exceptions given. In view of above, the appeal is not maintainable. Accordingly, same is hereby dismissed. However, the question of law raised in this appeal shall remain open and the appellant would be at liberty to file application, in case cause of action survives as per law. HS

2 ITA-207-2022 NEUTRAL CITATION NO. 2025:MPHC-IND:3580 Signed by: HEMANT SARAF Signing time: 20-02-2025 12:47:52 Signature Not Verified

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