ACIT, CIRCLE- 3, NOIDA vs. RESIDENT WELFARE ASSOCIATION TOWNSHIP, NEW DELHI

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ITA 5087/DEL/2017Status: DisposedITAT Delhi19 January 2021AY 2012-133 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable as the tax effect was below the enhanced monetary limit of Rs. 50 lakhs for appeals before the ITAT, as per CBDT Circular No. 17/2019. The circular applies to pending appeals.

What were the facts?

The Revenue filed an appeal against the deletion of penalty levied under Section 271(1)(c) of the Income Tax Act. The tax effect in the appeal was Rs. 31,86,041.

What were the issues?

Whether the CBDT Circular No. 17/2019, enhancing the monetary limit for appeals, applies to pending appeals before the ITAT. Whether the appeal is maintainable when the tax effect is below the prescribed limit.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “E”: NEW DELHI

Before: SHRI KUL BHARAT & SHRI PRASHANT MAHARISHI

For Respondent: Ms. Rinku Singh, Sr. DR
Hearing: 19/01/2020Pronounced: 19/01/2021

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

This is an appeal filed by the revenue against the order of the ld CIT(A)-1, Noida dated 30.05.2017 for the Assessment Year 2012-13, wherein, penalty levied u/s 271(1)(c) of the act of 31,86,041/- by the ld AO is deleted. Thus, Tax effect in this appeal is Only Rs. 31,86,041/-.

2.

At the outset of the hearing itself, the ld. DR brought our attention to CBDT Circular No. 17/2019 dated 08/08/2019 on low tax effect which applied to the pending appeals also.

3.

We have heard the contention of rival parties and perused the material on record. We find that the CBDT vide Circular No. 17/2019 dated 08th August 2019 has enhanced the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “2. As a step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals Page | 1 in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows:

S.No. Appeals/SLPs in Income-tax Monetary Limit (Rs.) matters 1. Before Appellate Tribunal 50.00,000 2. Before High Court 1.00.00.000 3. Before Supreme Court 2.00,00.000 3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed, para 5 of the circular is substituted by the following para: "5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. If, in the case of an assessee. the disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary' limit specified in para 3. No appeal shall be filed in respect of an assessment year or y ears in which the tax effect is less than the monetary limit specified in para 3. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. In case where a composite order/ judgement involves more than one assessee. each assessee shall be dealt with separately.”

4.

The said modifications shall come into effect from the date of issue of this Circular.

5.

The same may be brought to the notice of all concerned.

6.

This issues under section 268A of the Income-tax Act, 1961.”

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