2022 (9) TMI 1630 - HC - Income Tax

Maintainability of appeal on low tax effect - remand report reduced the additions, reducing tax liability thereto - HELD THAT - In view of the fact that the tax liability by virtue of deletion of the additions under the remand order would be less than Rs.1,00,00,000/- appeal would not be maintainable as per Circular No.17/2019 and appeal would have to be therefore dismissed. Also pertinent to state here that assuming that this appeal of the department is to be allowed and the matter is remanded to the Tribunal, even then the subject matter of the appeal would Rs.50,00,000/- and that would also be lesser in Monetary limits than prescribed in Circular No.17/2019. No useful purpose would be served as the tax effect in this case would be below Rs.50,00,000/-. It is to be stated here that if the additions disallowed by the Appellate Authority on the basis of the remand order is taken into consideration and the return of Rs.1,19,35,208/- is taken into consideration, the tax liability on the said sum would actually be less than Rs.50,00,000/- and the appeal before the Appellate Authority cannot be maintained. We find that the appeals filed by the Department does not deserve acceptance. Accordingly, both the appeals are dismissed in accordance with Circular No.17/2019.

Summary

Issues:
Challenging dismissal of appeal and cross-objections for assessment year 2007-08.

Analysis:
The judgment pertains to two appeals filed by the Department challenging the dismissal of the appeal and the allowing of cross-objections, resulting in the dismissal of the appeal for the assessment year 2007-08. The first appeal, ITA 450/2018, challenges the Tribunal's order upholding the cross-objections of the assessee, leading to the invalidation of the assessment order dated 31.12.2009. The Assessing Officer had made six additions, including disallowance under section 40A (3), loss on the sale of land, other income, bad debts, compensation paid, and disallowance related to a property, totaling to Rs. 5,20,37,160. The tax liability was determined to be Rs. 1,54,48,268.

The appeal resulted in the acceptance of all additions except the loss on the sale of land, amounting to Rs. 6,50,500. The remand report acknowledged the incorrectness of the additions, particularly the bad debt addition partially, stating Rs. 1,30,10,250 was invalid. The remand report reduced the additions to Rs. 2,08,18,890, resulting in a tax liability of Rs. 37,98,432. Considering Circular No.17/2019, the tax liability post-deletion of additions would be less than Rs. 1,00,00,000, rendering the appeal non-maintainable and subject to dismissal. Even if the matter is remanded to the Tribunal, the tax effect would be below Rs. 50,00,000, aligning with Circular No.17/2019. Therefore, the appeals do not merit acceptance and are dismissed accordingly.

The judgment clarifies that the dismissal of the appeals does not signify an affirmation or decision on any legal question in the proceedings. The Court's decision is based on the monetary limits set forth in Circular No.17/2019, determining the non-maintainability of the appeals due to the reduced tax liability post-deletion of additions. The dismissal of the appeals upholds the Tribunal's order and the assessment for the assessment year 2007-08.