DCIT, BHIWANI vs. SH. AMIT KUMAR GARG, BHIWANI

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ITA 2447/DEL/2017Status: DisposedITAT Delhi18 September 2019AY 2009-103 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the CBDT Circular No. 17/2019, which increased the monetary limit for appeals, applies to pending appeals. Since the tax effect in the instant appeal was below Rs. 50 lakhs, the appeal was not maintainable.

What were the facts?

The Department filed an appeal before the ITAT, and the assessee filed a cross-objection. The Department's counsel pointed out a CBDT circular that enhanced the monetary limit for filing appeals to the Tribunal to Rs. 50 lakhs.

What were the issues?

Whether the CBDT's enhanced monetary limit for filing appeals applies to pending appeals before the ITAT.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

For Respondent: Shri Arun Kumar Yadav, Sr. DR
Hearing: 03/07/2019Pronounced: 18/09/2019

Heard together (2 matters)

CO No. 145/Del/2017
ITA No. 2447/Del/2017

Read from the judgment's own cause title. This page is filed under one of them.

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

1.

This is an appeal filed by Department and the cross objection filed by the assessee against the order of the ld CIT(A), Hisar dated 24.01.2017 for Assessment Year 2009-10.

2.

At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No. 17/2019 dated 08th August 2019 has decided that the revenue would not prefer any appeal before the Tribunal if the tax effect is less than Rs. 50 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the Instruction of the CBDT.

3.

The ld DRs vehemently objected to the same and submitted that it applies prospectively and not to pending appeals.

4.

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 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.” Page | 2

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