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Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA
Before: Sri J. Sudhakar Reddy, Hon’ble & Sri S.S. Godara, Hon’ble
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘A’ BENCH, KOLKATA (Before Sri J. Sudhakar Reddy, Hon’ble Accountant Member & Sri S.S. Godara, Hon’ble Judicial Member) [VIRTUAL COURT HEARING] Assessment Years: 2015-16 Joint Commissioner of Income Tax (OSD), Circle-6(1), Kolkata..............….……....….....… Appellant Vs. M/s. ISG Traders Ltd.................…………………………………………………………………………........Respondent 2nd Floor Duncan House 31, Netaji Subhas Road BBD Bag Kolkata – 700 001 [PAN : AAATN 4546 J] Appearances by: Shri Dhrubajyoti Ray, JCIT, D/R, appearing on behalf of the Revenue. None, appeared on behalf of the assessee. Date of concluding the hearing : September 10th, 2020 Date of pronouncing the order : September 23rd, 2020 ORDER Per J. Sudhakar Reddy, AM :-
There is a delay of 82 days in filing of this revenue appeal. After perusing the petition for condonation for delay, we are convinced that the revenue was prevented by sufficient cause in filing the appeal in time. Hence, we condone the delay and admit this appeal.
2. Admittedly the tax effect in this revenue’s appeal, is less than Rs.50,00,000/-. In Circular No. 17/2019, dt. 08/08/2019 vide F. No. 279/ Misc. 142/2007-ITJ(Pt.), the CBDT had modified Circular No. 3 of 2018 dt. 11/07/2018. Further, the CBDT in its circular F. No. 279/Misc./M- 93/2018-ITJ, dt. 20/08/2019, has clarified that the revised monetary limits, so mentioned in Circular No. 17/2019 is applicable to all pending appeals. As per these circulars this revenue appeal filed before the ITAT, having tax effect of less than Rs.50,00,000/- has to treated as withdrawn.
The Ahmedabad Bench of the ITAT in the case of ITO vs. Dinesh Madhavlal Patel in Assessment Year 1998-99, order dt. 14/08/2019, while disposing off the appeal along with 627 others appeals, held as follows:- “5. Having considered the rival submissions and having perused the material on record, we do not have slightest of hesitation in holding that the concession extended by the CBDT not only applies to the appeals to be filed in future but it is also equally applicable to the appeals pending for disposal as on now. Our line of reasoning is this. The circular dated 8th August 2019 is not a standalone circular. It is to be read in conjunction with the CBDT circular no 3 of 2018 (and subsequent amendment thereto), and all it does is to replace paragraph nos. 3 and 5 of the said circular. This is evident from the following extracts from the circular dated 8th August 2019:
Assessment Years: 2015-16 M/s. ISG Traders Ltd 2. As a step towards further mana 2. As a step towards further management of litigation. it has been decided by the Board that gement of litigation. it has been decided by the Board that monetary limits for filing of appeals in income monetary limits for filing of appeals in income-tax cases be enhanced further through amendment tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly. the table for monetary limits specified i in Para 3 of the Circular mentioned above and accordingly. the table for monetary limits specified i 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: Para 3 of the Circular shall read as follows: S.No. Appeals/SLPs in Income S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1 Before Appellate Tribunal 50,00,000 1 Before Appellate Tribunal 50,00,000 2 Before High Court 1,00,00,000 2 Before High Court 1,00,00,000 3 Before Supreme Court 2,00,00,000 3 Before Supreme Court 2,00,00,000 3. Further, with a view to provide parity 3. Further, with a view to provide parity in filing of appeals in scenarios where separate order is in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis passed by higher appellate authorities for each assessment year vis-a-vis where composite order for vis where composite order for more than one assessment years is passed. para 5 of the circular is substituted by the following more than one assessment years is passed. para 5 of the circular is substituted by the following 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 “5. The Assessing Officer shall calculate the tax effect separately for every “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 assessment year in respect of the disputed issues in the case of 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 assessee. If in the case of an assessee, the disputed issues arise in more than assessee. If in the case of an assessee, the disputed issues arise in more than one assessment year, one assessment year, appeal can be filed in respect of such 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 or years in which the tax effect in respect of the disputed issues exceeds the or years in which the tax effect in respect of the disputed issues exceeds the monetary limit specified in para 3. No monetary limit specified in para 3. No appeal shall be filed in respect of an appeal shall be filed in respect of an assessment year or years in which the tax e assessment year or years in which the tax effect is less than the monetary limit ffect is less than the monetary limit specified in para 3. Further, even in the case of composite order of any High Court specified in para 3. Further, even in the case of composite order of any High Court 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 or appellate authority which involves more than one assessment year and common or appellate authority which involves more than one assessment year and common issues in more than one assessment year no appeal shall issues in more than one assessment year no appeal shall be filed in respect of an be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit assessment year or years in which the tax effect is less than the monetary limit 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 specified in para 3. In case where a composite order/ judgement involves more than specified in para 3. In case where a composite order/ judgement involves more than one assessee, each assessee shall be dealt with separately” one assessee, each assessee shall be dealt with separately”
4. The said modifications shall come into effect from the date of issue of this The said modifications shall come into effect from the date of issue of this The said modifications shall come into effect from the date of issue of this Circular.
Clearly, all other portions of the circular no. 3 of 2018 (supra) have remained intact. The portion 6. Clearly, all other portions of the circular no. 3 of 2018 (supra) have remained intact. The portion 6. Clearly, all other portions of the circular no. 3 of 2018 (supra) have remained intact. The portion which has remained intact includes paragraph 13 of the aforesaid which has remained intact includes paragraph 13 of the aforesaid circular which is as follows: circular which is as follows: 13. This Circular will apply to SLPs/ appeals/ cross objections/references to 13. This Circular will apply to SLPs/ appeals/ cross objections/references to 13. This Circular will apply to SLPs/ appeals/ cross objections/references to be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively be filed henceforth in SC/HCs/Tribunal and it shall also apply retrospectively to pending SLPs/ appeals/ cross objections/references. Pending appea to pending SLPs/ appeals/ cross objections/references. Pending appea to pending SLPs/ appeals/ cross objections/references. Pending appeals below the specified tax limits in pare 3 above may be withdrawn/ not below the specified tax limits in pare 3 above may be withdrawn/ not below the specified tax limits in pare 3 above may be withdrawn/ not pressed.
In view of the above discussions, we hereby hold that the relaxation in monetary limits for 7. In view of the above discussions, we hereby hold that the relaxation in monetary limits for 7. In view of the above discussions, we hereby hold that the relaxation in monetary limits for departmental appeals, vide CBDT circular dated 8th August 2019 (supra) shall be departmental appeals, vide CBDT circular dated 8th August 2019 (supra) shall be departmental appeals, vide CBDT circular dated 8th August 2019 (supra) shall be applicable to the pending appeals in addition to the appeals to be filed henceforth. pending appeals in addition to the appeals to be filed henceforth.
Learned Commissioner (DR) then submits liberty may kindly be given to point out, upon necessary 8. Learned Commissioner (DR) then submits liberty may kindly be given to point out, upon necessary 8. Learned Commissioner (DR) then submits liberty may kindly be given to point out, upon necessary further verifications, and to seek recall the dismissal of appeals and further verifications, and to seek recall the dismissal of appeals and restoration of the appeals in the restoration of the appeals in the cases (i) in which it can be demonstrated that the appeals are covered by the exceptions, and (ii) cases (i) in which it can be demonstrated that the appeals are covered by the exceptions, and (ii) cases (i) in which it can be demonstrated that the appeals are covered by the exceptions, and (ii) which are inadvertently included in this bunch of appeals, wherein the tax effect, in terms of the which are inadvertently included in this bunch of appeals, wherein the tax effect, in terms of the which are inadvertently included in this bunch of appeals, wherein the tax effect, in terms of the CBDT circular (supra), exceeds Rs 50,00,000. None opposes this prayer; we accept the same. We exceeds Rs 50,00,000. None opposes this prayer; we accept the same. We exceeds Rs 50,00,000. None opposes this prayer; we accept the same. We make it clear that the appellants shall be at liberty to point out the cases which are wrongly make it clear that the appellants shall be at liberty to point out the cases which are wrongly make it clear that the appellants shall be at liberty to point out the cases which are wrongly included in the appeals so summarily dismissed, either owing to wrong computation of tax e included in the appeals so summarily dismissed, either owing to wrong computation of tax e included in the appeals so summarily dismissed, either owing to wrong computation of tax effect or owning to such cases being covered by the permissible exceptions owning to such cases being covered by the permissible exceptions- or for any other reason, and we or for any other reason, and we will take appropriate remedial steps in this regard. will take appropriate remedial steps in this regard.
In the light of the above discussions, all the appeals stand dismissed as withdrawn. As the 9. In the light of the above discussions, all the appeals stand dismissed as withdrawn. As the 9. In the light of the above discussions, all the appeals stand dismissed as withdrawn. As the appeals filed by the Revenue are found to be non filed by the Revenue are found to be non-maintainable and as all the related cross maintainable and as all the related cross-objections of the Assessment Years: 2015-16 M/s. ISG Traders Ltd assessee arise only as a result of those appeals and merely support the order of the CIT(A), the cross assessee arise only as a result of those appeals and merely support the order of the CIT(A), the cross assessee arise only as a result of those appeals and merely support the order of the CIT(A), the cross objections filed by the assessee are also di objections filed by the assessee are also dismissed as infructuous. Ordered, accordingly.” smissed as infructuous. Ordered, accordingly.”
Respectfully following the same and while giving liberty to the party as per Para Respectfully following the same and while giving liberty to the party as per Para Respectfully following the same and while giving liberty to the party as per Para 8 of the order of the Ahmedabad Bench of the ITAT (supra), we dismiss this appeal of 8 of the order of the Ahmedabad Bench of the ITAT (supra), we dismiss this appeal of 8 of the order of the Ahmedabad Bench of the ITAT (supra), we dismiss this appeal of the revenue as withdrawn.
In the result, appeal of the result, appeal of the revenue is dismissed.
Kolkata, the Kolkata, the 23rd day of September, 2020.