2018 (9) TMI 71 - AT - Income Tax

Maintainability of appeal - monetary limit - Exclusion/inclusion of foreign exchange fluctuation gain from computation of 10A - Reworking of disallowance for the purpose of 14A - Held that - In the present case, if we consider each addition contested by the Revenue, then it would show that tax effect on each appeal would fall below ₹ 20 lakhs. The tax effect as per CBDT Circular is tax on the total income assessed minus the tax that would have been chargeable had such total income been reduced by the amount of income in respect of the issue against which appeal is filed, would be less than ₹ 20 lakhs. Therefore, the present appeals of the Revenue are hit by the CBDT Circular and hence not maintainable. Besides that ld.DR has not pointed out whether the case of the Revenue fall within the ambit of exceptions provided in the Circular or not. Thus, keeping in view the above CBDT circular and provisions of section 268A of the Income Tax Act, we are of the view that the present appeals of the Revenue deserve to be dismissed. They are accordingly dismissed.

Summary

Issues:
Cross-appeals against the order of the ld.CIT(A) for assessment year 2002-03, with Revenue challenging the order for assessment year 2004-05.

Comprehensive Analysis:

*Assessment Year 2002-03:*
The assessee raised multiple grounds in cross-appeal, contesting the disallowance of traveling expenses for seconded employees and legal fees paid, among others. The Revenue challenged the exemption granted under section 10A, direction to exclude certain income for exemption under section 10A, and various other allowances and deductions. The Tribunal remitted certain issues back to the AO for re-adjudication, which were subsequently decided in favor of the assessee by the ld.CIT(A). The Revenue contested these decisions, particularly regarding foreign exchange fluctuation gain and disallowance under section 14A. However, the Tribunal dismissed the assessee's appeal on the grounds that the issue was not raised in the initial round, emphasizing the need for finality in proceedings. The Revenue's appeals were dismissed due to the low tax effect falling below the threshold set by CBDT instruction No.3 of 2018.

*Assessment Year 2004-05:*
Similar issues were raised by the Revenue in this assessment year, including the inclusion of foreign exchange fluctuation gain for deduction under section 10A and the restriction of disallowance under section 14A. The tax effect of the relief granted by the ld.CIT(A) was below the specified threshold, rendering the Revenue's appeals not maintainable as per the CBDT circular. The Tribunal dismissed the Revenue's appeals, highlighting the applicability of the circular and the absence of exceptions pointed out by the ld.DR. The decision allowed for a recall of the order by the Department if the tax effect exceeded the threshold or fell within the exceptions outlined in the circular.

In conclusion, both the assessee's and Revenue's appeals for assessment years 2002-03 and 2004-05 were dismissed by the Tribunal on various grounds, including issues related to deductions, exemptions, and tax effect falling below the specified threshold set by CBDT instructions.