ACIT-8(1)(1), MUMBAI vs. REDIFF.COM INDIA LTD., MUMBAI
What did the Tribunal hold?
The Tribunal dismissed the Revenue's appeal as withdrawn due to low tax effect, citing CBDT Circular No. 17/2019. The assessee's appeal was also dismissed as withdrawn due to their participation in the Vivad Se Vishwas Scheme.
What were the facts?
The Revenue filed an appeal before the ITAT, but the tax effect was below the threshold prescribed by CBDT Circular No. 17/2019. The assessee also filed an appeal after opting for the Vivad Se Vishwas Scheme.
What were the issues?
Whether the Revenue's appeal is maintainable given the low tax effect as per CBDT circulars. Whether the assessee's appeal should be dismissed as withdrawn due to opting for the Vivad Se Vishwas Scheme.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCH “D”, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI RAJESH KUMAR
Per Rajesh Kumar, Accountant Member:
The above titled cross appeals one by the assessee and the other by the Revenue have been preferred against the order dated 27.08.2018 of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] relevant to assessment year 2014-15.
At the outset, it is brought to the notice of the Bench by the Ld A.R. that the CBDT recently has amended the CBDT Circular No. 3/2018 dated 11.07.2018 vide Circular No. 17/2019, F.No. 279/Misc.142/2007-ITJ(Pt.) dated 08.08.2019 increasing the limit for filing of appeal before Income Tax Appellate Tribunal i.e. ₹ 50 lacs in each of the case. We noted that earlier Circular No. 3 of 2018 was made applicable to pending appeals also and this clause of the circular remains unchanged even after the amendment. Admittedly, in this case tax effect is below the prescribed limit for filing the appeal before the Tribunal by the Revenue i.e. ₹ 50 lacs.
When this was confronted to the learned Departmental Representative, he could not point out that this appeal falls under any of the exception as provided in Circular No. 17 of 2019. Admittedly, the tax effect in this appeal of Revenue is much below the prescribed limit of ₹ 50 lacs as per CBDT circular No. 17 of 2019. In view of the above, this appeal of Revenue is dismissed as withdrawn in view of Circular No. 17 of 2019.
Now, before us, the learned CIT Departmental Representative only requested that he wants to verify whether this appeal falls under any of the explanation provided in CBDT Circular No. 3/2018. Here, we are giving liberty to Revenue that in case, after passing of the order it comes to the notice of the Revenue that this appeal does not fall under any explanation of the CBDT by 3/18, the AO can move for recalling of the order within the prescribed time limit under section 254 of the Act.
In the result, the appeal of the Revenue is dismissed.
ITA No.43/M/2019 (Assessee’s appeal)
At the outset, the Ld. Counsel of the assessee brought to the notice of the Bench that the assessee has gone into Vivad Se Vishwas Scheme and also submitted that form No.3 also has already been issued. The Ld. A.R., therefore, prayed before the Bench that appeal may kindly be allowed to be withdrawn.
The Ld. D.R. fairly conceded to the withdrawal of the appeal.
Accordingly, we are inclined to dismiss the appeal of the assessee.
Accordingly, the appeal of the assessee is dismissed as withdrawn.
In the result, both the appeals of the assessee as well as of the Revenue are dismissed.
Order pronounced in the open court on 14.09.2021.
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