Pr. Commissioner Of Income Tax (Central) vs. Malwa Real Estate Developing Co. P. Ltd.

ITA/53/2023HC 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 observed that CBDT Circular No. 5/2024, issued on 15/03/2024 and later amended by Circular No. 9/2024 on 17/09/2024, supersedes the earlier Circulars dated 11/07/2018 and 08/08/2019. The latest circulars do not provide for Exception Clause 10(C), which allowed filing appeals notwithstanding the tax effect being below the monetary limits. Therefore, based on the prevailing circulars at the time of the decision, the appeal did not meet the criteria for entertainability. The appeal was accordingly dismissed. However, the Court noted that the question of law raised in the appeal would remain open, and the appellant was at liberty to file an application if the cause of action survived as per law.

What were the facts?

The Principal Commissioner of Income Tax (Central) (the appellant/Revenue) filed an appeal under Section 260A of the Income Tax Act, 1961, against an order passed by the Income Tax Appellate Tribunal (ITAT), Indore, dated 19/10/2022. The appeal was filed in ITA No. 114/IND/2021. The sole controversy revolved around the entertainability of the Revenue's appeal before the High Court under Exception Clause 10(C) of CBDT Circular No. 3/2018. The tax effect involved in the case was Rs. 18,35,000, which was below the monetary limits stipulated in CBDT Circular No. 17/2019 and CBDT Circular No. 5/2024. The respondent, Malwa Real Estate Developing Co. P. Ltd., did not appear before the High Court.

What were the issues?

1. Whether the appeal filed by the Revenue is maintainable before the High Court under Exception Clause 10(C) of CBDT Circular No. 3/2018, notwithstanding that the tax effect involved (Rs. 18,35,000) is below the monetary limits specified in subsequent CBDT Circulars No. 17/2019 and 5/2024. Assessee's Contentions: The judgment does not record any contentions from the respondent assessee as they did not appear. Revenue's Contentions: The appellant (Revenue) contended that the appeal should be entertained under Exception Clause 10(C) of CBDT Circular No. 3/2018. The Revenue relied on CBDT Circular No. 3/2018 dated 11/07/2018, which provided for exceptions to the monetary limits for filing 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. 53 of 2023 PR. COMMISSIONER OF INCOME TAX (CENTRAL) Versus MALWA REAL ESTATE DEVELOPING CO. P. LTD. 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.114/IND/2021 dated 19/10/2022. 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.18,35,000/-, 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-53-2023 NEUTRAL CITATION NO. 2025:MPHC-IND:3587 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-53-2023 NEUTRAL CITATION NO. 2025:MPHC-IND:3587 Signed by: HEMANT SARAF Signing time: 20-02-2025 12:47:52 Signature Not Verified

Recent GST High Court judgments

Search GST case law →