INCOME TAX OFFICER, JAIPUR vs. I T A T, JAIPUR

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CW/9994/2007HC RajasthanRJHC02033138200707 December 20163 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the writ petitions are to be dismissed as not pressed, in light of CBDT Circular No. 21/2015 and the fact that the tax effect in the instant case is less than Rs. 20 lac, which is the prescribed limit for filing appeals before the High Courts. The Court noted that the circular applies retrospectively to pending appeals. However, the Court clarified that the substantial questions of law raised in the writ petitions are left open to be examined in an appropriate proceeding if they arise in the future. The Revenue was also granted liberty to move an application for recalling the order if the appeal falls under any of the exceptions specified in the circular.

What were the facts?

These are two writ petitions filed by the Income Tax Officer, Jaipur, challenging orders of the Income Tax Appellate Tribunal (ITAT), Jaipur. The tax effect in dispute is stated to be less than Rs. 20 lac. The petitions were filed against the backdrop of a CBDT Circular No. 21/2015, dated 10.12.2015, which revised monetary limits for filing appeals by the Revenue before various appellate authorities, including the High Courts and the Tribunal, with the objective of reducing litigation. The circular stipulated that appeals shall not be filed where the tax effect does not exceed specified monetary limits, with certain exceptions.

What were the issues?

1. Whether the writ petitions, challenging ITAT orders where the tax effect is less than Rs. 20 lac, should be dismissed in light of CBDT Circular No. 21/2015, which sets a monetary limit of Rs. 20 lac for filing appeals before the High Court? The Assessee (Revenue) argued that the writ petitions should be dismissed as the tax effect is below the prescribed monetary limit for filing appeals before the High Court as per CBDT Circular No. 21/2015. The Revenue contended that the circular, which applies retrospectively, mandates withdrawal or non-pressing of pending appeals below the specified tax limits. The Respondent (ITAT) did not record any specific arguments in the judgment, but the context implies that the challenge was to the ITAT's orders, and the Revenue's argument was based on the circular.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. (1) D.B. Civil Writ Petition No.9994/2007 (2) D.B. Civil Writ Petition No.9995/2007 DATE OF JUDGMENT ::: 7.12.2016 HON'BLE MR. JUSTICE K.S. JHAVERI HON'BLE MR. JUSTICE DINESH MEHTA Mr. R.B. Mathur, for the appellant. Mr. N.L. Agarwal, for the respondent. Instant writ petitions are 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. 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 :- 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/-

2 S. No. Appeals in Income-tax matters Monetary Limit (in Rs.) 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 Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.” 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

3 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. 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 writ petitions, 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. Accordingly, in the light of the CBDT Circular dated 10.12.2015 the writ petitions stand dismissed as not pressed. Let a copy of this order be placed in each file separately. (Dinesh Mehta), J. (K.S. Jhaveri), J. Brijesh

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