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Income Tax Appellate Tribunal, “B” BENCH : BANGALORE
Before: SHRI N. V. VASUDEVAN & SHRI CHANDRA POOJARI
Per N. V. Vasudevan, Vice President These are appeals by the assessee against 2 orders both 04.09.2012 of CIT(A)-3, Bengaluru, relating to Assessment Years 1997-98 and 1998-99. Originally these appeals were decided by an order dated 13.09.2015 whereby the appeals of the Revenue were allowed reversing the order of the CIT(A) that the initiation of proceedings under section 147 of the Income Tax Act, 1961 were not valid. The assessee filed appeal before the Hon’ble Karnataka High Court against the aforesaid order of the Tribunal for both Assessment Years 1997-98 and 1998-99. The Hon’ble Karnataka High Court quashed the order of the Tribunal and remanded the matter back to the Tribunal with a direction to decide the issue with regard to opening of the assessment afresh by a speaking order. Pursuant to the order of the Hon’ble Karnataka High Court dated 14.12.20220, these appeals were listed for hearing today.
Learned Counsel for the assessee brought to our notice that the tax effect in these appeals is less than the monetary limit of Rs.50 lakhs fixed by the CBDT in Circular No.17/2019, dt.08.08.2019, which is in supersession of its Circular No.03/2018 dt.11.07.2018 and Amendment dated 20.08.2018, in relation to filing of appeal before the Income Tax Appellate Tribunal. Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeals filed by the Revenue is not maintainable and liable to be dismissed in limine. If for any reason the Revenue feels that the CBDT Circular in question is not applicable to the present appeals, the Revenue is at liberty to apply for recall of this order and such application will be considered on merits.