2018 (8) TMI 1557 - HC - Income Tax

Monetary limit for filling appeal - Held that - By Circular No.3/2018 dated 11.07.2018 monetary limit has further been increased and appeals be maintainable before the High Courts. It has been increased to 50, 00, 000/-. Hence viewed from any angle this appeal could not have been filed. As pointed out by the learned counsel for the assessee that by way of giving effect to the order dated 05.11.2002 the Assessing Officer viz. the Deputy Commissioner of Income Tax Central Circle Salem-7 has stated that the balance tax payable is 49, 20, 000/-. Thus the said communication clearly shows that the tax effect is less than the limit prescribed in the Circular. Thus by adopting the monetary limits in the Circular the tax case appeal filed by the Revenue is dismissed

Issues:
Challenge to order of Income-tax Appellate Tribunal, substantial question of law regarding undisclosed income in block assessment, applicability of Circular Instructions by CBDT, monetary limit for filing appeals.

Challenge to Order of Income-tax Appellate Tribunal:
The appeal was filed challenging the order passed by the Income-tax Appellate Tribunal 'D' Bench, Chennai for the block assessment period 1989-90 to 1999-2000. The substantial question of law raised was whether a sum of ?82 lakhs declared by the Managing Director of the Company under Section 132(4) of the Income Tax Act, 1961 was assessable as undisclosed income in block assessment. The Court noted the low tax effect and referred to a previous case to determine that the Circular Instructions issued by the CBDT apply to pending appeals as well. The Circular aims to reduce litigation and ensure proper examination of cases on merits. As the tax effect was less than the threshold limit prescribed in the Circular, the appeal was dismissed based on the law laid down by the Supreme Court.

Applicability of Circular Instructions by CBDT:
The Circular Instructions issued by the CBDT were considered in detail during the judgment. The Circular was viewed as part of the government's litigation policy to reduce pending appeals and ensure proper examination of cases on merits. The Court emphasized that the Circular applies to pending proceedings and aims to reduce unnecessary appeals. It was highlighted that the Circular should be understood as a tool to manage litigation effectively and prevent appeals without proper examination of the case on merits. The judgment emphasized the importance of adhering to the Circular's guidelines in deciding whether to file or pursue appeals.

Monetary Limit for Filing Appeals:
The judgment also discussed the monetary limit for filing appeals, as per Circular No.3/2018, which increased the limit to ?50,00,000. The Court noted that the tax effect, when considering the surcharge, may cross the monetary limit fixed in the Circular. However, it was pointed out that the tax payable in the case at hand was below the limit prescribed in the Circular. Therefore, based on the monetary limits set by the Circular, the tax case appeal filed by the Revenue was dismissed, leaving the substantial question of law open for consideration. The decision was made in line with the law laid down by the Supreme Court and the guidelines provided in the Circular.

Conclusion:
The judgment dealt with various issues, including the challenge to the Tribunal's order, the applicability of Circular Instructions by the CBDT, and the monetary limit for filing appeals. The Court emphasized the importance of adhering to Circular Instructions to manage litigation effectively and reduce unnecessary appeals. The decision to dismiss the appeal was based on the tax effect falling below the monetary limit prescribed in the Circular, in accordance with the law laid down by the Supreme Court.

← Previous Next →