THE ITO-5(2), INDORE vs. SHRI NARENDRA KUMAR AGRAWAL, INDORE

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ITA 395/IND/2017Status: DisposedITAT Indore18 July 2018AY 2009-104 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the appeal was not maintainable due to low tax effect, as the tax involved was below the Rs. 20 lacs limit specified by CBDT Circular No. 3 of 2018. The circular is binding on departmental officers.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2009-10. The assessee argued that the tax effect was below the prescribed limit, making the appeal non-maintainable as per CBDT instructions.

What were the issues?

Whether an appeal filed by the Revenue is maintainable when the tax effect is below the prescribed monetary limit set by CBDT circulars. Whether CBDT circulars are binding on departmental officers.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

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Income Tax Appellate Tribunal, INDORE BENCHE, INDORE

Before: SHRI KUL BHARAT & SHRI MANISH BORAD

For Appellant: Shri V.J. Voricha, Sr. DR
Hearing: 24.07.2018Pronounced: 26.07.2018

आदेश / O R D E R

PER KUL BHARAT, J.M: This is an appeal filed by the Revenue against the order of CIT(A)-II, Indore dated 15/02/2017 pertaining to assessment year 2009-10.

Narendra Kumar

2.

During the course of hearing, the learned Counsel for the assessee has submitted that tax effect in this appeal is below the prescribed limit so the Department ought not to have filed this appeal in view of the instructions issued by C.B.D.T. and judgments of various High Courts and Supreme Court.

3.

The Learned D. R. could not controvert the above fact. 4. We have heard the rival contentions and perused material on record and gone through the orders of the authorities below. It is noticed from the record that present appeal is not maintainable on account of low tax effect. Ld. DR has not demonstrated that the present case falls into any exceptions embodied into the circular No. 3 of 2018 dated 11.07.2018. We noted that in this case the tax involved is below the prescribed limit i.e. Rs. 20 lacs as contained in Central Board of Direct Taxes vide Circular No. 3 of 2018 dated 11.07.2018. In pursuance with the power entrusted u/s. 268A of the Income Tax Act that no appeal should be filed before the Tribunal in case tax effect does not exceed Rs.20 lac. The “tax effect” in this regard means the difference between the tax on the total income assessed and the tax that what have been chargeable had

Narendra Kumar

such total income been reduced by the amount of income in respect of issues against which appeal is intended to be filed. This circular further states that tax will not include any interest thereon the chargeability of interest itself is in dispute. We further note that under paragraph 13 which is reproduced as under, it has been mentioned in the circular that this instruction will apply even to the pending appeals.

“13. This circular will apply to SLPs/appeals/cross- objections/references to be filed henceforth with in Hon'ble Supreme Court/HCs/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross-objections/references. Pending appeal below the specified tax limits in para 3 above may be withdrawn/not pressed.”

4.

In the impugned case, we note that the tax effect on the issue under dispute does not exceed Rs.20 lac. In view of this fact as per the instruction, the Revenue is not supposed to press the appeal. We, therefore, dismiss the appeal filed by the Revenue in limine without going into the merits of the case as in our opinion the circulars issued by CBDT are binding on the departmental officers in view of the provision of Section 268A(1) of the Act. The said view has been taken by Hon’ble Supreme Court in the case of Navneet Lal Zaveri Vs. AAC 56 ITR 198 (SC). Hon'ble 3

Narendra Kumar

Supreme Court while dismissing the appeal of the Revenue in the case of Director of Income Tax vs. S.R.M.B. Dairy Farming (P) Ltd. in Civil Appeal No. 19650 of 2017 has followed the case of three Judges Bench judgment of Hon'ble Supreme Court in the case of CIT Central-III vs. Surya Herbal Ltd. and has held that the circular would apply even to pending matters. We accordingly dismiss the appeal filed by the Revenue as not maintainable.

5.

In the result, the appeal of the Revenue is dismissed.

Order was pronounced in the open court on 26.07.2018.

Sd/- Sd/- (MANISH BORAD) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER

Indore; �दनांक Dated : 26/07/2018 Patel, P.S/.�न.स.

Copy to: Assessee/AO/Pr. CIT/ CIT (A)/ITAT (DR)/Guard file. By order Private Secretary/DDO, Indore

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