2019 (8) TMI 1335 - HC - Income Tax

Monetary limit - low tax effect - HELD THAT - Above appeal is not pursued by the Revenue on account of the low tax effect in terms of Circular No.17/2019 dated 08.8.2019 issued by the Central Board of Direct Taxes. By the said Circular, the monetary limit for filing or pursuing an appeal before the High Court has been increased to ₹ 1 Crore. The above tax case appeal is dismissed on account of the low tax effect. The substantial questions of law raised are left open. In the event the tax effect is above the threshold limit fixed in the said circular, liberty is granted to the Revenue to make a mention to this Court to restore the appeal to be heard and decided on merits.

Summary

Issues:
Appeal against ITAT order for assessment year 2012-13 - Substantial questions of law raised by Revenue - Low tax effect as per CBDT Circular No.17/2019 - Dismissal of appeal on account of low tax effect.

Analysis:
The judgment pertains to an appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961 against an order of the Income Tax Appellate Tribunal for the assessment year 2012-13. The Revenue raised several substantial questions of law, including issues related to additional depreciation, belated remittance of employees' contributions to PF and ESI, applicability of Section 43B to employees' contributions, and disallowance under Section 14A. The Revenue argued against the Tribunal's decisions on these issues, citing relevant legal provisions and precedents.

The Senior Standing Counsel for the appellant informed the court that the appeal was not being pursued by the Revenue due to the low tax effect, which fell below the monetary limit set by Circular No.17/2019 issued by the CBDT. The counsel highlighted that the tax effect in this case did not meet the threshold limit specified in the circular. Consequently, the court dismissed the appeal based on the low tax effect, while keeping the substantial questions of law raised by the Revenue open for future consideration if the tax effect exceeds the prescribed threshold.

The judgment emphasizes the significance of the monetary limit set by the CBDT for filing or pursuing appeals before the High Court. It underscores the impact of the tax effect on the decision to pursue an appeal and the authority granted to the Revenue to seek restoration of the appeal for consideration on merits if the tax effect surpasses the specified threshold. The dismissal of the appeal due to the low tax effect highlights the practical application of the circular in determining the course of legal proceedings based on financial implications.