ITO, WARD-3, ROHTAK vs. OM INVESTMENT, ROHTAK

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ITA 5735/DEL/2017Status: DisposedITAT Delhi16 August 2018AY 2010-116 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 appeals filed by the Revenue were not maintainable due to low tax effect, as per CBDT Circular No. 3/2018. The circular stipulated that appeals should not be filed if the tax effect is less than Rs. 20,00,000/-.

What were the facts?

The Revenue filed several appeals before the Income Tax Appellate Tribunal (ITAT). The appeals were related to various assessment years and assessees. The Revenue's appeals were apparently having a low tax effect.

What were the issues?

Whether appeals filed by the Revenue are maintainable before the ITAT when the tax effect is below the monetary limit prescribed by the CBDT circular. The applicability of CBDT Circular No. 3/2018 to pending 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, DELHI BENCH ‘D + SMC’ : NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU

For Appellant: Shri Rohan Khare, Advocate, Shri Karan Kumar, CA
For Respondent: Shri Kaushlendra Tiwari, Senior DR, Shri S.C. Sannigrahi, FCA, Shri Kaushlendra Tiwari, Senior DR, Shri S.C. Sannigrahi, FCA, Shri Kaushlendra Tiwari, Senior DR
Hearing: 16.08.2018

PER BENCH :

1.

These appeals by the Revenue arise out of the orders passed by the CIT(A) in relation to the captioned assessment years.

2.

Perusal of the aforesaid appeals filed by the Revenue apparently show that the same is having low tax effect as per CBDT Circular No.3/2018 dated 11th July, 2018 vide which the Revenue has been directed not to prefer any appeal in case the tax effect is less than Rs.20,00,000/- and this factual position has been fairly conceded by the Ld. D.R. The Ld. Authorized Representatives contended that the appeals of the Revenue may be dismissed in the light of CBDT Circular (supra).

3.

We have heard parties on the issue in controversy and perused the material on record. Perusal of CBDT Circular (supra) shows that monetary limit for filing the appeal by the Department before the Tribunal, Hon'ble High Court and Hon'ble Supreme Court has been revised and the relevant portion of the aforesaid circular is extracted as under:

“Subject: Revision of monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court-measures for reducing litigation-Reg. Reference is invited to Board’s Circular No. 21 of 2015 dated 10.12.2015 wherein monetary limits and other conditions for filing departmental appeals (in Income-tax matters) before

Income Tax Appellate Tribunal, High Courts and SLPs/ appeals before Supreme Court were specified.

2. In supersession of the above Circular, it has been decided by the Board that departmental appeals may be filed on merits before Income Tax Appellate Tribunal and High Courts and SLPs/ appeals before Supreme Court keeping in view the monetary limits and conditions specified below.

3. Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:

Appeals/SLPs in Income-tax Monetary S. No. matters Limit (in Rs) 1 Before Appellate Tribunal 20,00,000/- 2 Before High Court 50,00,000/- 3 Before Supreme Court 1,00,00,000/-

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.

……

12.

It is clarified that the monetary limit of Rs. 20 lakhs for filing appeals before the ITAT would apply equally to cross objections under section 253(4) of the Act. Cross objections below this monetary limit, already filed, should be pursued for dismissal as withdrawn/ not pressed. Filing of cross objections below the monetary limit may not be considered henceforth. Similarly, references to High Courts and SLPs/ appeals before Supreme Court below the monetary limit of Rs. 50 lakhs and Rs. 1 Crore respectively should be pursued for dismissal as withdrawn/ not pressed. References before High Court and SLPs/ appeals below these limits may not be considered henceforth.

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 to pending SLPs/ appeals/ cross objections/references. Pending appeals below the specified tax limits in pare 3 above may be withdrawn/ not pressed.

14.

The above may be brought to the notice of all concerned.

15.

This issues under Section 268A of the Income-tax Act 1961……”

4.

The contention of Ld. Sr. D.R. that he needs some time to procure the report from the Assessing Officer to work out the tax effect, is not tenable because when apparently, the appeal in question is covered under CBDT Circular No.3/2018 dated 11th July, 2018 (supra), the Revenue cannot import the facts within the knowledge of the Assessing Officer to further prolong the matter. However, in case any fact which is otherwise not on record, warrants the restoration of the present appeal, the revenue is at liberty to approach the Tribunal under relevant provisions of law.

5.

In view of the CBDT Circular No.3/2018 dated 11.07.2018 having retrospective effect and what has been discussed above, we are of the considered view that the aforesaid appeals are not maintainable because of low tax effect i.e. less than Rs.20,00,000/- hence, the aforesaid appeals filed by the Revenue is hereby dismissed having been become infructuous. Order pronounced in open court on this 16th day of August, 2018 after the conclusion of the hearing.

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