2012 (3) TMI 346 - AT - Income Tax

Monetary limit - Disallowance of interest - Held that - Tribunal in the case of ITO v. Speciality Coatings and Lamination Ltd. 2011 (12) TMI 25 - ITAT DELHI has held that the real tax effect and not the notional tax effect has to be taken into account while computing the monetary ceiling in respect of appeals filed prior to the issue of Instruction of May 15, 2008. The case of the assessee is identical. We have therefore to follow the decision of co-ordinate Bench of the Tribunal (supra), and respectively following the same, we dismiss both appeals filed by the Revenue as non-maintainable.

Summary

Issues:
- Maintainability of appeals based on tax effect
- Interpretation of Circulars and Instructions by Central Board of Direct Taxes
- Applicability of notional tax effect in determining maintainability of appeals

Analysis:
The judgment by the Appellate Tribunal ITAT Mumbai dealt with appeals by the Department against orders for the assessment year 1997-98. The appeals were related to the original assessment order and reassessment order, with disputes raised on various grounds. The key issue in the reassessment order was the disallowance of interest. The authorized representative for the assessee argued that the tax effect in both appeals was less than Rs. 2 lakhs, making the appeals non-maintainable. The Department's representative contended that the notional tax effect as per the Instruction No. 5 of 2008 should be retrospectively applied to all pending appeals.

The Tribunal examined the Circulars and Instructions issued by the Central Board of Direct Taxes over the years regarding the monetary limit for filing appeals based on tax effect. It was noted that the Instruction No. 5 of 2008 clarified that notional tax effect should be considered in cases of losses, but it would apply only to appeals filed after May 15, 2008. The Tribunal referred to the judgment of the High Court of Delhi in a similar case, which held that the notional tax effect would be prospective and not apply to pending appeals. Following this precedent, the Tribunal dismissed both appeals by the Revenue as non-maintainable.

In conclusion, the Tribunal's decision was based on the interpretation of Circulars and Instructions by the Central Board of Direct Taxes, specifically regarding the calculation of tax effect and the applicability of notional tax effect in determining the maintainability of appeals. The judgment emphasized the importance of following precedents set by higher courts in similar cases, leading to the dismissal of the appeals by the Revenue.