ITO(E), WARD - 1(4), KOLKATA, KOLKATA vs. LIVER FOUNDATION, WEST BENGAL, HOWRAH

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ITA 2086/KOL/2017Status: DisposedITAT Kolkata18 October 2019AY 2012-133 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's appeal deserved to be dismissed due to the low tax effect, as per the revised monetary limits in CBDT Circular No. 17/2019, which are binding on revenue authorities and apply retrospectively.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A) for the assessment year 2012-13. The tax effect on the disputed addition was below the revised monetary threshold limit prescribed by CBDT Circular No. 17/2019.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per the revised monetary limits specified in CBDT Circular No. 17/2019.

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA

Before: Shri P.M. Jagtap, Vice-(KZ & HZ) & Shri Satbeer Singh Godara

Per Shri P.M. Jagtap, Vice-President (Kolkata & Hyderabad Zone):- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-25, Kolkata dated 04.07.2017 for the assessment year 2012-13.

2.

It is seen, at the outset, that the tax effect on the disputed addition before us is less than Rs. 50 lacs i.e. less than the prescribed revised threshold limit in CBDT’s latest Circular No17/2019 dated 08.08.2019. It will be pertinent to reproduce the relevant portion of the said Circular as follows:-

1.

“2 . As a step toward 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: 1 Assessment Year: 2012-2013 Liver Foundation

S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supreme Court 2,00,00,000 3.1 We find that intention behind the Circular No17/2019 dated 08.08.2019 needs to be understood in the following perspective:-

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-à-vis where composite order for more than one assessment year 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, 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 years 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 assessments 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/judgment involves more than one assessee, each assessee shall be dealt with separately.”

3.2. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, we do not see this case falling under any of the exceptions contemplated in the said circular per se. We also find that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble apex court in Commissioner of Customs vs Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. We thus hold that this Revenue’s appeal deserves to be dismissed in terms of low tax effect. We make it clear that it shall very much open for the Revenue to seek necessary rectification in case it is found that any of the appeal involve operations of exception clauses in the tax effect circular as per law.

Assessment Year: 2012-2013 Liver Foundation

4.

In the result, the appeal of the Revenue is dismissed for involving lower than the prescribed minimum tax effect.

Order pronounced in the open Court on October 18, 2019.

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