The Pr.Commissioner Of Income Taxi vs. M/S Madhya Bharat (International) Pvt. Ltd.

ITA/93/2022HC Madhya Pradesh05 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 was not maintainable. The Court observed that CBDT Circular No. 5/2024, dated 15.03.2024, which was later amended by Circular No. 9/2024 dated 17.09.2024, superseded the earlier circulars dated 11.07.2018 and 08.08.2019. The Court noted that the latest circular did not provide for an exception clause, such as 10(C), which would allow filing an appeal notwithstanding that the tax effect was less than the specified monetary limits. Therefore, based on the superseding circular, the appeal was dismissed for not being maintainable. The appellant was granted liberty to file an application if the cause of action survived as per law.

What were the facts?

The Principal Commissioner of Income Tax (appellant) filed an appeal under Section 260A of the Income Tax Act, 1961, before the High Court of Madhya Pradesh at Indore. The appeal challenged an order passed by the Income Tax Appellate Tribunal, Indore, in ITA No. 204/IND/2017 dated 29.06.2021. 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 dated 11.07.2018. The tax effect involved in the case was Rs. 1.03 Crore, which was below the monetary limits specified in subsequent CBDT Circulars No. 17/2019 dated 08.08.2019 and No. 5/2024 dated 15.03.2024.

What were the issues?

1. Whether the appeal filed by the Revenue is entertainable before the High Court under exception Clause 10(C) of CBDT Circular No. 3/2018, notwithstanding that the tax effect involved (Rs. 1.03 Crore) is below the monetary limits specified in subsequent CBDT Circulars (No. 17/2019 and No. 5/2024). Assessee's Contention: The judgment does not record any specific contentions made by the assessee (M/s Madhya Bharat (International) Pvt. Ltd.) regarding the maintainability of the appeal. The focus was on the interpretation of the CBDT circulars by the Revenue. Revenue's Contention: The Revenue contended that the appeal should be entertained under exception Clause 10(C) of CBDT Circular No. 3/2018. They relied on the existence of this exception clause in the earlier circular.

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 5th OF FEBRUARY, 2025 INCOME TAX APPEAL No. 93 of 2022 THE PR.COMMISSIONER OF INCOME TAXI Versus M/S MADHYA BHARAT (INTERNATIONAL) PVT. LTD. Appearance: Shri Harsh Parashar, learned Senior Standing Counsel for the appellant. Shri Ashish Goyal, learned counsel for the respondent [R-1]. 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.204/IND/2017 dated 29.06.2021. 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.1.03 Crore, 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-93-2022 NEUTRAL CITATION NO. 2025:MPHC-IND:2959 Signed by: VARSHA SINGH Signing time: 06-02-2025 10:15:18 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 the fact 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 appellant would be at liberty to file application, in case cause of action survives as per law. VS

2 ITA-93-2022 NEUTRAL CITATION NO. 2025:MPHC-IND:2959 Signed by: VARSHA SINGH Signing time: 06-02-2025 10:15:18 Signature Not Verified

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