INCOME TAX OFFICER WARD-2, BAGALKOT vs. SMT SHOBHA KIRAN SHAH, BAGALKOT

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ITA 1211/BANG/2018Status: DisposedITAT Bangalore15 February 2019AY 2011-123 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 appeal should not have been pressed by the Revenue due to the low tax effect, as per the CBDT circular. The Departmental Representative also admitted that the tax effect was below the prescribed limit.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The tax effect involved in the appeal was below Rs. 20 lakhs, which is the revised monetary limit for filing appeals as per CBDT Circular No. 3/2018.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per the CBDT's monetary limits for appeals.

Which sections of the Income-tax Act were involved?

Section 268A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH, BENGALURU

For Appellant: Shri Smarak Swain, JCIT(DR)
Hearing: 11/02/2019Pronounced: 15/02/2019

Income-tax Officer, Ward-2, Bagalkot. … Appellant Vs. Smt. Shobha Kiran Shah, 1856/57, Basaveshwar Road, Tq.Jamkhandi, Dist. Bagalkot. … Respondent PAN:ASZPS8272M Appellant by : Shri Smarak Swain, JCIT(DR). Respondent by : None. Date of hearing : 11/02/2019 Date of pronouncement: 15/02/2019 O R D E R

Per PAVAN KUMAR GADALE, JM :

1.

The revenue has filed the appeal against the order of the learned CIT(A), Belavavi, in dated 19/02/2018 for the assessment year 2011-12.

2.

None appeared on behalf of the assessee. At the outset, it is observed that the tax effect involved in this appeal is below Rs.20 lakhs. The CBDT, with a view to reduce unnecessary litigation on their part, has issued a circular No.3/2018 dated 11th July 2018, wherein they have revised the monetary limits for filing of appeals by the Department before the Income Tax Appellate Tribunal, High Courts and Supreme Court. Insofar as the Tribunal is concerned, the monetary limit specified is Rs.20 lakhs. The CBDT specified that where the tax effect does not exceed the monetary limit specified therein, the concerned authority

Page 2 of 3 has to withdraw its appeal or it need not press the same. It is further specified that the tax effect indicated therein is applicable to all pending appeals, though they are filed by the Revenue prior to the issuance of the said circular. It was also clarified that the Assessing Officer has to calculate the tax effect separately for every assessment year in respect of the disputed issue/s in the case of every assessee. If, in the case of an assessee, the disputed issue arises in more than one year(s), appeal(s) can be filed in respect of such assessment year(s) in which tax effect in respect of the disputed issue exceeds the monetary limit specified. In other words, if there are a number of years, if the tax effect is less than the specified limit in one year, appeal cannot be filed or the same has to be withdrawn for that year, for want of tax effect. However, an exception is made to this direction with regard to a combined order passed by the first appellate authority. That is, if in one of the years the tax effect is more than Rs.20 lakhs and the Revenue decides to file an appeal, in respect of other years covered by the said order also, Revenue is eligible to file appeal, even though the tax effect in each of those years is less than Rs.20 lakhs. It was also clarified that merely because the appeal is dismissed for want of tax effect, it does not come in the way of the Department in filing appeal for other years(s), and it does not mean that the Department has acquiesced the issue.

3.

The above circular was specifically made applicable to all pending appeals. In the present case, the tax effect on the addition in dispute, which was deleted by the CIT(A) by the impugned order is indisputably below 20 lakhs.

4.

The Legislature in its wisdom has introduced section 268A of the Income Tax Act, 1961, whereby the Board is empowered to issue orders/instructions/directions to the income-tax authorities, fixing the monetary limits for the purpose of regulating the filing of appeals. In the light of the circular dated 11/07/2018, issued by the CBDT in exercise of the powers conferred in it by subsection (1) of section 268A, we are of the view that the appeal filed herein should not have been Page 3 of 3 pressed by the Revenue. The Learned Departmental Representative fairly admitted that the Revenue effect in this appeal is less than the prescribed limit in para-3 of the above circular issued by the CBDT. Having regard to the circumstances of the case, we dismiss the appeals of the Revenue as withdrawn/not pressed, as pronounced in the open court.

5.

However, the revenue is at liberty to move appropriate application/petition in case it is found that the case is covered by one of the exceptions carved out in the said Circular.

6.

In the result, the revenue’s appeal dismissed.

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