2018 (7) TMI 591 - AT - Wealth-tax

Maintainability of appeal - tax effect of appeal - Held that - Instruction No.1979 dated 6.1.2005 as modified by Instruction No.1985 dated 29.6.2000 and Instruction No. 2/2005 dated 24.10.2005 would apply to filing of appeals under the Wealth Tax Act, 1957 as the CBDT Circular No.21/2015 is one issued u/s.268A of the Income Tax Act, 1961 and therefore cannot supersede a Circular which was applicable to filing of appeals under the Wealth Tax Act, 1957 viz., Instruction No.1979 dated 27.3.2000 as modified by Instruction No.1985 dated 29.6.2000 and Instruction No.2/2005 dated 24.10.2005. Therefore the monetary limit of ₹ 2 lacs for filing appeals under the Wealth Tax Act, 1957 before the Tribunal as laid down in Instruction No.2/2005 dated 24.10.2005 will be applicable for appeals filed after 24.10.2005. In that view of the matter the monetary limit for filing appeals by the Revenue are not satisfied and therefore the appeals by the revenue are not maintainable as they have contrary to the Board s instructions. The appeals are therefore liable to be dismissed as not maintainable.

Summary

Issues Involved:
1. Filing of separate appeals for each assessment year.
2. Monetary limit for filing appeals by the Revenue.
3. Applicability of CBDT instructions and circulars.
4. Consideration of cumulative tax effect in group cases.

Detailed Analysis:

1. Filing of Separate Appeals for Each Assessment Year:
The Revenue initially filed single appeals for multiple assessment years (2006-07 to 2012-13) for two assessees. The Registry objected, pointing out that separate appeals should be filed for each assessment year. Consequently, the Revenue filed separate appeals for each assessment year, resulting in WTA Nos. 31 to 37/Bang/2018 for Mr. Vivek B. Chand and WTA Nos. 38 to 44/Bang/2018 for Mr. Rajesh B. Chand. The original appeals (WTA Nos. 15 & 16/Bang/2017) were dismissed as superfluous.

2. Monetary Limit for Filing Appeals by the Revenue:
The counsel for the assessee highlighted that the tax effect in all these appeals was less than ?2 lakhs. According to Instruction No. 2/2005 dated 24.10.2005, the monetary limit for filing appeals before the Tribunal was fixed at ?2 lakhs. This instruction applied to appeals under the Wealth Tax Act, 1957. Since the tax effect in each appeal was below this limit, the appeals were deemed not maintainable.

3. Applicability of CBDT Instructions and Circulars:
The Revenue argued that CBDT Circular No. 21/2015, which superseded earlier instructions, did not apply to appeals under the Wealth Tax Act, 1957. The Tribunal clarified that Circular No. 21/2015 was issued under Section 268A of the Income Tax Act, 1961, and could not supersede instructions applicable to the Wealth Tax Act, 1957. Therefore, the monetary limit of ?2 lakhs as per Instruction No. 2/2005 remained applicable for appeals filed after 24.10.2005.

4. Consideration of Cumulative Tax Effect in Group Cases:
The department contended that the cumulative tax effect should be considered since the CIT(Appeals) issued a common order. However, Instruction No. 1979 dated 27.03.2000 clarified that the monetary limits should apply to each case taken singly, even in group cases. The Karnataka High Court in CIT, Central Circular Vs. PSI Hydraulics (2014) held that cumulative tax effect should not be considered, and each assessment year should be evaluated individually. Consequently, the Tribunal dismissed the Revenue's plea for considering cumulative tax effect.

Conclusion:
The Tribunal concluded that the appeals by the Revenue were not maintainable due to non-compliance with the monetary limit instructions. The cross objections filed by the assessees were also dismissed as not pressed. The judgment emphasized the adherence to monetary limits and individual assessment years in filing appeals under the Wealth Tax Act, 1957. The appeals and cross objections were dismissed accordingly.