What did the Tribunal hold?

The Tribunal dismissed the appeal filed by the Revenue. This was based on the CBDT circular which mandates that appeals with a tax effect below a certain monetary limit should not be filed or should be withdrawn.

The Revenue filed an appeal before the ITAT against an order of the CIT(Appeals). The assessee's representative stated that the tax effect involved in the appeal was below the monetary limit set by the CBDT for filing appeals.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the monetary limit for tax effect prescribed by CBDT circulars for appeals before the ITAT.

ITO vs M/S Malani Holdings Pvt Ltd… | ITAT Raipur 2022

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI RAVISH SOOD & SHRI JAMLAPPA D BATTULL

For Appellant: Shri Praveen Khandelwal, AR

For Respondent: Shri Shravankumar Meena, DR

Hearing: 10.03.2022Pronounced: 10.03.2022

आदेश / ORDER

PER RAVISH SOOD, JM:

The present appeal filed by the Revenue is directed against the order passed by the CIT(Appeals)-II, Raipur dated 29.03.2017, which in turn arises from the order passed by the A.O dated 12.03.2015 under Sec. 143(3) of the Income-tax Act, 1961 (for short ‘the Act’), for assessment year 2012-13.

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.

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 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

3 ITO Vs. M/s. Malani Holdings Pvt. Ltd. ITA No. 173/RPR/2017 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.”

As a step towards further management of litigation, CBDT vide Circular No. 17/2019, dated 08.08.2019 has fixed the monetary limit for filing of appeals before ITAT at Rs.50,00,000/-.

In the instant appeal filed by the Department, it was averred by the ld. A.R that the ‘tax effect’ therein involved was below the monetary limit of Rs.50,00,000/-. The said fact was brought to the notice of the ld. Departmental Representative (for short ‘D.R’) who did not controvert the same.

With the above observations the appeal involving a ‘tax effect’ of less than Rs.50,00,000/- is dismissed.

4 ITO Vs. M/s. Malani Holdings Pvt. Ltd. ITA No. 173/RPR/2017

In the result, appeal of the Revenue is dismissed in terms of our aforesaid observations. Order pronounced in open Court on 10th day of March 2022.

Sd/- Sd/- JAMLAPPA D BATTULL RAVISH SOOD ACCOUNTANT MEMBER JUDICIAL MEMBER रायपुर/ RAIPUR ; �दनांक / Dated : 10th March, 2022 SB आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to :

1. 1. अपीलाथ� / The Appellant. 2. ��यथ� / The Respondent.

THE INCOME TAX OFFICER -4(1), RAIPUR, RAIPUR (CG) vs. M/S MALANI HOLDINGS PVT LTD, RAIPUR, RAIPUR (CG)

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