2019 (10) TMI 1504 - AT - Income Tax

Maintainability of appeal - low tax effect - HELD THAT - Appeal filed by the Revenue is hit by recently issued CBDT Circular No. 17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at ₹ 50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding ₹ 50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine. Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable.

Summary

Issues:
1. Appeal filed by Revenue against CIT(A)'s order for A.Y. 2012-13.
2. Applicability of CBDT Circular No. 17 of 2019 revising tax effect thresholds.
3. Dismissal of Revenue's appeal due to tax effect not exceeding revised limit of ?50 lakhs.
4. Option for Revenue to restore appeal by demonstrating inapplicability of CBDT Circular.

Analysis:
1. The judgment pertains to an appeal filed by the Revenue against the order of the Ld. CIT(A)-2, Ahmedabad for the assessment year 2012-13.
2. During the hearing, the AR for the assessee pointed out that the appeal by the Revenue falls under the purview of the CBDT Circular No. 17 of 2019, which revised the monetary limit for tax effects to ?50 lakhs. The disputed tax effect in this case was confirmed to be below the revised limit.
3. The Learned DR for the Revenue acknowledged the relevance of the CBDT Circular and conceded that the appeal did not meet the revised threshold. Consequently, the Tribunal dismissed the Revenue's appeal as not maintainable due to the tax effect being within the prescribed limit.
4. The judgment provides the Revenue with the opportunity to seek restoration of the appeal if they can demonstrate that the CBDT Circular is inapplicable in their case. This option allows the Revenue to present reasons for the inapplicability of the Circular and potentially revive their appeal.
5. Ultimately, the Tribunal pronounced the order on 10-10-2019, officially dismissing the appeal of the Revenue in light of the tax effect falling below the revised threshold set by the CBDT Circular.

This detailed analysis outlines the key issues addressed in the judgment, including the impact of the CBDT Circular on the maintainability of the Revenue's appeal and the provision for seeking restoration based on the Circular's applicability.