2022 (9) TMI 1510 - AT - Income Tax

Maintainability of appeal on low tax effect - Revenue seeks to recall of the order of Tribunal dismissing the appeals of the Revenue in view of low tax effect - DR has placed on record copy of Revenue Audit Objection and contended that the same falls within the exceptions referred to in the CBDT Circular No.3/2018 to recall the order of the Tribunal. HELD THAT - Tribunal while disposing of the appeal of the Revenue has given liberty to the Revenue to move an application for recalling the impugned order of the Tribunal if the Revenue fulfills any of the exceptions referred to in the CBDT Circular No.03/2018 dated 11.07.2018. Admittedly the Revenue Audit Objection placed on record by the learned DR falls within the exceptions referred to in the CBDT Circular. Accordingly we recall the impugned order of the Tribunal and post this case for hearing on 14.10.2022 or immediate next date of hearing when this Bench functions.

Summary

Issues: Revenue's application for recall of Tribunal's order in ITA No.192 & 193/Coch/2019 due to low tax effect.

Analysis:
1. The Revenue filed miscellaneous applications seeking the recall of the Tribunal's order in ITA No.192 & 193/Coch/2019 for the assessment years 2012-13 & 2015-16. The Departmental Representative argued that the Tribunal had dismissed the Revenue's appeals citing low tax effect. The DR submitted Revenue Audit Objection, claiming it fell within the exceptions mentioned in CBDT Circular No.3/2018, allowing the order's recall.

2. The Authorized Representative supported the Tribunal's order. After hearing both sides, the Tribunal noted that it had granted the Revenue the liberty to apply for recalling the order if any exceptions in the CBDT Circular were met. The Revenue Audit Objection presented by the DR indeed fell within the exceptions specified in the Circular. Consequently, the Tribunal decided to recall the order and scheduled the case for a hearing on 14.10.2022 or the next available date when the Bench is in session.

3. Ultimately, the Tribunal allowed the miscellaneous applications filed by the Revenue, leading to the recall of the order. The order was pronounced in open court on 16th Sept, 2022.