ACIT, CENTRAL CIRCLE-1, PATNA vs. M/S INDO ASIAN MINERAL & ALLIED PRODUCT INDUSTRIES, PATNA

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ITA 31/PAT/2017Status: DisposedITAT Patna12 March 2018AY 2009-104 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 Revenue should not have filed the appeals as the tax effect was below the prescribed monetary limit. The circulars issued by the CBDT under Section 268A of the Income Tax Act are binding on the revenue authorities.

What were the facts?

The Revenue filed appeals before the ITAT for multiple assessment years. The assessee contended that the tax effect in each appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the Revenue's appeals should be dismissed on the grounds of low tax effect as per CBDT circulars and Section 268A of the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH ‘SMC’, PATNA

Before: Sh. N. K. Saini

Hearing: 12.03.2018Pronounced: 12.03.2018

These appeals by the department are directed against the separate orders each dated 30.12.2016 of ld. CIT(A)-3, Patna.

2.

Since, the appeals relates to the same assessee which were heard together so these are being disposed off by this consolidated for the sake of convenience and brevity.

3.

During the course of hearing, the Learned counsel for the assessee at the very outset stated that the tax effect in each of these appeals is less than Rs.10,00,000/-, therefore, the department ought not to have filed these appeals in view of the circular issued by the

2 ITA Nos. 28 to 32/Pat./2017 Indo Asian Mineral & Allied Product Industries CBDT and the provisions contained in Section 268A of the Income Tax Act, 1961 (hereinafter to be referred as the Act).

4.

On the other hand, the ld. D.R., although supported the order of the Assessing Officer, but could not controvert this fact that tax effect in each of these appeals is less than Rs.10,00,000/-.

5.

After considering the submissions of both the parties and the material available on record, it is noticed that Section 268A has been inserted by the Finance Act, 2008 with retrospective effect from 01/04/99. The said section 268 of the Act provides that the Board may issue instruction or directions to the other income-tax authorities fixing monetary limits for not filing the appeals before the Appellate Tribunal or the Courts, said instructions/directions are binding on the income tax authorities.

6.

It is noticed that the CBDT has issued Circular No.21 of 2015 dated 10.12.2015, vide which it has revised the monetary limit to Rs.10,00,000/- for not filing the appeal before the Tribunal. The relevant portion of the said circular reads as under: “…………………….. ……………………... 3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: S. No Appeals in Income-tax matter Monetary Limit (in Rs) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/-

3 ITA Nos. 28 to 32/Pat./2017 Indo Asian Mineral & Allied Product Industries It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case. ………………………… …………………………

9.

The monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute & rules. Further, filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12A of the IT Act, 1961, shall not be governed by the limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of a particular case. 10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.”

7.

From Clause 10 of the above said circular it is clear that these instructions are applicable to the pending appeals also and as per clause 3, there is clear cut instruction to the department to withdraw or not to press the appeals filed before the ITAT wherein tax effect is less than Rs.10,00,000/-. These instructions are operative retrospectively to the pending appeals.

8.

Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A of Income Tax Act, 1961, I am of the view that the Revenue should not have filed the instant appeal before the Tribunal.

4 ITA Nos. 28 to 32/Pat./2017 Indo Asian Mineral & Allied Product Industries 9. In view of the above, without going into merits of the case, the appeals filed by the department are dismissed.

10.

In the result, the appeals of the department are dismissed. (Order Pronounced in the Court on 12/03/2018)

Sd/- (N. K. Saini) ACCOUNTANT MEMBER Dated: 12/03/2018 *Subodh* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5.DR: ITAT ASSISTANT REGISTRAR

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