INCOME TAX OFFICER, WARD-3(3), RAIPUR vs. MESERS AAKASH COAL TRADERS, RAIPUR

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ITA 58/RPR/2019Status: DisposedITAT Raipur10 June 2022AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the tax effect involved was below the monetary limit of Rs. 50,00,000/- as per CBDT Circular No. 17/2019. The Revenue was granted liberty to point out exceptions to this rule.

What were the facts?

The Revenue filed an appeal before the ITAT against an order of the CIT(A). The appeal was filed for the Assessment Year 2009-10. The tax effect involved in the appeal was below the monetary limit prescribed by CBDT circulars for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect involved and the prevailing CBDT circulars on monetary limits for filing appeals.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI RATHOD KAMLESH JAYANTBHAI (ACCOUNTANTMEMBER)

For Appellant: Shri Ravi Agrawal, CA
For Respondent: Shri G. N. Singh, Sr, D.R
Hearing: 10/06/2022Pronounced: 10/06/2022

ORDER PER RAVISH SOOD, J.M : The present appeal filed by the revenue is directed against the order passed by the CIT(A)-1, Raipur, dated 26.11.2018, which in turn arises from the order passed by the A.O. u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961 (for short ‘Act’), dated 19.12.2016 for A.Y. 2009-10.

2.

Central Board of Direct Taxes (CBDT) vide Circular No. 17/2019 dated 08.08.2019 has amended Circular No. 3/2018 dated 11.07.2018 for further enhancement of monetary limit for filing of appeals by the Department before the ITAT, High Courts and SLPs/Appeals before Supreme Court as measures for reducing litigation.

3.

CBDT vide Circular No. 3/2018 dated 11.07.2018 has specified that appeals shall not be filed before the Income Tax Appellate Tribunal (ITAT) in cases where the tax effect does not exceed the monetary limit of 2 ITO V. Akash Coal Traders Rs.20,00,000/-. 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 issues against which appeal is intended to be filed. Further, ‘tax effect’ shall be taxes including applicable surcharge and cess. 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 order, the tax effect will mean quantum of penalty deleted or reduced in the order to be appealed against.

At para 13 of the above Circular, it has been mentioned that:

“13. This Circular will apply to SLPs/appeals/cross objection/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 para 3 above may be withdrawn/not pressed.”

4.

As a step towards further management of litigation, CBDT vide Circular No. 17/2019 has fixed the monetary limit for filing of appeals before ITAT at Rs.50,00,000/-.

5.

In the instant appeal filed by the Department, the tax effect involved is below the monetary limit of Rs.50,00,000/-. The said fact as was brought to our notice by the Ld. Counsel for the assessee was confronted to the Ld. Departmental Representative (DR).

6.

Before us the Ld. DR submits that liberty may kindly be given to raise, after necessary further verification, and to seek recall the dismissal of appeal and restoration of the appeal in case it can be shown that the appeal is covered by the exceptions.

3 ITO V. Akash Coal Traders 7. We agree with the above contentions of the Ld. DR and make it clear that the appellant shall be at liberty to point out the exceptions and we will take appropriate remedial measures in this regard.

8.

With the above observations, the appeal involving tax effect of less than Rs.50,00,000/- is dismissed. Order pronounced in the open court on 10/06/2022.

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