2017 (8) TMI 1345 - AT - Income Tax

Maintainability of appeal - monetary limit - tax effect of the case - Held that - Prima-facie this appeal of the Revenue is not maintainable in view of CBDT Circular No. 21/2015 in F. No.279/Misc. 142/2007-ITJ (Pt) dated 10th December 2015 vide which it has been provided that if the tax effect by virtue of the Commissioner of Income-tax (Appeals) s order is below 10 lacs then that order would not be challenged before the Tribunal in further appeal. The Board has provided exemptions at clause (8) of the Instructions wherein it has been provided that these instructions will not be applicable if vires of any provisions has been quashed by impugned order or addition was made on some audit objections or the addition relates to undisclosed foreign assets/bank accounts etc. We find that the present case does not fall within the exemption clause and the tax is less than 10 lacs. Therefore the present appeal is not maintainable and hence dismissed.

Summary

Issues:
1. Invocation of section 145(1) of the Income Tax Act and rejection of appellant's books of accounts.
2. Lump sum addition of ?8,00,000 made for alleged unaccounted sales of machineries based on estimation.
3. Alleged breach of law and Principles of Natural Justice by lower authorities in passing orders without considering submissions.
4. Levying of interest under sections 234A/B/C of the Act.
5. Initiating penalty under section 271(1)(c) of the Act.

Analysis:

Issue 1:
The Appellate Tribunal considered cross appeals by the assessee and the department against the Commissioner of Income Tax(Appeals)'s order. The dispute arose from the invocation of section 145(1) of the Act and the rejection of the appellant's books of accounts. The Tribunal analyzed the facts related to the ship breaking industry in which the assessee was engaged. The Tribunal found that the addition made by the Assessing Officer was based on estimation and conjectures, leading to a dispute regarding the unaccounted sales of machineries.

Issue 2:
Regarding the lump sum addition of ?8,00,000 for alleged unaccounted sales of machineries, the Tribunal examined the actions of the Assessing Officer and the CIT(A). The Tribunal noted that the CIT(A) partly allowed the action of the AO but disagreed with the quantum of the addition. The Tribunal considered the legal principle that only the "profit element" embedded in unaccounted sales should be added to the assessee's income. Relying on relevant judgments, the Tribunal restricted the addition to the net profit element embedded in the alleged unaccounted sales, ultimately allowing the appeal of the assessee.

Issue 3:
The Tribunal addressed the alleged breach of law and Principles of Natural Justice by the lower authorities in passing orders without properly considering the submissions, explanations, and information provided by the appellant. The Tribunal emphasized the importance of due process and fair consideration of all relevant details before passing orders, highlighting the need for adherence to legal principles and procedural fairness.

Issue 4:
Regarding the levying of interest under sections 234A/B/C of the Act, the Tribunal reviewed the actions of the CIT(A) and the Assessing Officer. The Tribunal analyzed the grounds for confirming the levied interest and assessed the legal validity of such actions in the context of the case.

Issue 5:
The Tribunal also examined the initiation of penalty under section 271(1)(c) of the Act. The Tribunal considered the circumstances under which the penalty was imposed and evaluated the legal and factual basis for confirming such penalty. The Tribunal's decision on the penalty was based on a comprehensive analysis of the relevant provisions and the facts of the case.

In conclusion, the Appellate Tribunal allowed the appeal of the assessee and dismissed the department's appeal for the Assessment Year 2010-11 based on the detailed analysis of the issues raised in the cross appeals. The Tribunal's decision highlighted the importance of adhering to legal principles, fair consideration of submissions, and proper application of tax laws in resolving disputes related to income tax assessments.