2020 (3) TMI 869 - AT - Income Tax

Maintainability of appeal - low tax effect - HELD THAT - Hon'ble Supreme Court in the case of The Commissioner of Income Tax-5,New Delhi Vs. Keshav Power Ltd. 2019 (8) TMI 811 - SC ORDER has also applied the Circular No.17/2019 dated 08.08.2019 and has dismissed the appeal holding since the tax effect involved in the matter is less than ₹ 2 crores, going by the latest circular issued by the CBDT, we see no reason to interfere in this matter. The Special Leave Petition is dismissed, leaving all the questions of law open - The appeal filed by the Revenue is found to be non-maintainable.

Summary

Issues involved:
- Appeal against the order of CIT(A) for the assessment year 2007-08
- Deletion of addition of excess depreciation on spinning unit
- Allowance of depreciation on 'ginning unit' and 'Electrical fitting'
- Deletion of excess claim of expenditure on cost of management
- Deletion of addition of interest received & receivable
- Condonation of delay in filing the appeal
- Applicability of CBDT circular on tax effect limits
- Maintainability of the appeal by Revenue

Analysis:
1. The Revenue filed an appeal against the order of CIT(A) for the assessment year 2007-08. The Revenue raised grounds challenging the deletion of additions made towards excess depreciation on the spinning unit, allowance of depreciation on 'ginning unit' and 'Electrical fitting' at different rates, deletion of excess claim of expenditure on cost of management, and deletion of interest received & receivable.

2. The appeal was delayed by 8 days, and the department filed a condonation petition for the delay. The Tribunal, after reviewing the petition, found a reasonable cause for the delay and admitted the appeal for adjudication.

3. The Tribunal proceeded with the appeal ex parte as no one appeared on behalf of the respondent assessee. The Tribunal considered the submissions of the Revenue and examined the record of the case.

4. The Tribunal referred to a circular issued by the CBDT in 2019, which liberalized the policy for not filing appeals against decisions favoring taxpayers below certain threshold limits. The circular specified the tax effect threshold for filing appeals before the Tribunal.

5. The Tribunal noted that the CBDT circular enhanced monetary limits and replaced certain paragraphs of an earlier circular. It also referred to a Supreme Court judgment where an appeal was dismissed based on the tax effect being below a specified limit as per the circular.

6. The Revenue sought liberty to point out cases where the tax effect exceeded the threshold due to exceptions or errors in computation. The Tribunal accepted this request and allowed for necessary verifications and remedial steps.

7. Following the principles laid down by the Supreme Court, the Tribunal found the appeal filed by the Revenue to be non-maintainable. Consequently, the appeal of the Revenue was dismissed.

8. In conclusion, the Tribunal dismissed the Revenue's appeal, pronouncing the order on 13/02/2020.