ITO, BANGALORE vs. SMT. MASOODA SARDAR, BANGALORE

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ITA 856/BANG/2011Status: DisposedITAT Bangalore29 December 2015AY 2001-023 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the tax effect was below the prescribed limit for filing appeals and no exceptional circumstances like audit objections or foreign assets were present. Therefore, the circular was applicable.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order for AY 2001-02. The assessee pointed out that the tax effect was below Rs. 10 lakhs, making the appeal ineligible as per Circular No. 21/2015.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the Tribunal given the tax effect is below the threshold stipulated in Circular No. 21/2015.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH : BANGALORE

Before: SMT. ASHA VIJAYARAGHAVAN & BEFORE SHRI ABRAHAM P GEORGESmt.Masooda Sardar,

For Respondent: Shri Kiran Kumar, Advocate
Hearing: 29/12/2015

This is an appeal filed by Revenue directed against order dated 20/07/2011 of CIT (A)-I, Bangalore, for A. Y.2001-02.

2.

When the appeal was taken up for hearing Ld. Counsel for the Assessee pointed out that tax effect involved in this appeal was less than Rs.10 lakhs for the impugned assessment year and Smt. Masooda Sardar Page 2 of 3 by virtue of Circular No.21/2015, dt.10.12.2015, was below the limits laid down for filing appeals before this Tribunal.

3.

Ld. DR submitted that para 8 of the circular was applicable in this case. Therefore he did not object to the application of the circular. However Ld Dr stated that existence or not of any Revenue audit objections leading to the filing of the appeal needed to be ascertained.

4.

We have perused the orders and heard the contentions. Para 4 of the circular No.21/2015 (supra) is reproduced hereunder : “4. For this purpose, “tax effect” means the difference between the tax on the total income assessed and the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issues against which appeal is intended to be filed (hereinafter referred to as “disputed issues”). However the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case the chargeability of interest is the issue under dispute, the amount of interest shall be the tax effect. In cases where returned loss is reduced or assessed as income, the tax effect would include notional tax on disputed additions. In case of penalty orders, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against.” 05. The tax effect on the issues and / or the penalty that is disputed by the Revenue is less than Rs.10 lakhs for the impugned assessment year / years. Constitutional validity of any provisions of the Act or Rules nor the legality or vires of any Board order, Notification, Instruction or Circular was an issue

Smt. Masooda Sardar Page 3 of 3 before the lower authorities. Revenue has not brought to our notice anything to show that the appeal arose on an issue emanating from any Revenue Audit Objections accepted by the Department. Addition giving rise to the appeals does not relate to any undisclosed foreign assets / bank accounts. Thus we find that the circular No.21/ 2015 (supra) is squarely applicable in this case. However if Revenue, at a later stage find that appeal arise out of issues emanating from audit objection it will be free to file MP for recalling this order.

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