2020 (10) TMI 779 - HC - Income Tax

Maintainability of appeal - low tax effect - tax effect on account of the said alleged audit objection - HELD THAT - Revenue stake in the present case is admittedly much below ₹ 10,00,000/-, and for High Court purposes, as per the latest CBDT Circular, the said limit is now Rs.One Crore Revenue could not produce any such audit objection for perusal of the Tribunal/ this court. Appellant Revenue only submitted that the Office File Noting provided to him shows that the appeal was preferred before the learned Tribunal on the basis of some audit objection. Tribunal has earlier permitted withdrawal of the appeal by the Revenue, as the Revenue stake was below ₹ 10,00,000/- which factual position is not disputed. The mere existence of the audit objection for the present AY 2003-04 does not change the Revenue stake at all. Appellant Revenue should appreciate and understand the letter and spirit of the CBDT Circular in the litigation policy issued by it, to withdraw, and not to press the appeal on merits, before the concerned forums viz. Tribunal or High Court, if the Revenue stake or tax effect is less than the prescribed limit.

Summary

Issues:
1. Appeal filed by Revenue under Section 260A of the Income Tax Act against Tribunal's order allowing withdrawal of appeal due to tax effect below prescribed limit.
2. Dismissal of miscellaneous application by Revenue urging audit objection for reassessment.
3. Consideration of CBDT Circular No.21/2015 for withdrawal of appeal.
4. Dismissal of Revenue's petition to recall Tribunal's order and adjudicate on merits.
5. Comparison with a similar case where the appeal was dismissed by the High Court.
6. Assessment of tax effect and audit objection in the present case.
7. Analysis of the Revenue's argument regarding remitting the case back to the Tribunal.
8. Interpretation of CBDT Circular in relation to the tax effect and audit objection.
9. Dismissal of the appeal by the High Court under Section 260A of the Income Tax Act.

Detailed Analysis:
1. The appeal by the Revenue was filed under Section 260A of the Income Tax Act challenging the Tribunal's decision to allow withdrawal of the appeal due to the tax effect being below the prescribed limit of ?10,00,000 as per CBDT Circular No.21/2015 dated 10 December 2015.
2. The Revenue filed a miscellaneous application before the Tribunal citing an audit objection for reassessment, contending that the withdrawal of the appeal was not justified. However, the Tribunal dismissed this application after reviewing the records and finding no mention of the reassessment being based on audit objection.
3. The Tribunal considered the CBDT Circular regarding the tax effect limit for filing appeals, which was below ?10,00,000 in this case, leading to the dismissal of the appeal by the Revenue.
4. Despite the dismissal, the Revenue sought to recall the Tribunal's order to adjudicate on the merits, claiming an audit objection was accepted by the Department. However, no documentary evidence was provided to support this claim, and it was noted that the appeal was filed in the regular course, not based on an audit objection.
5. Referring to a similar case where the High Court dismissed the Revenue's appeal, the present appeal was also dismissed based on the factual findings and the application of the CBDT Circular.
6. The tax effect in the present case was significantly below the prescribed limit, with the depreciation in question amounting to ?5,25,960, indicating that the audit objection did not impact the tax effect.
7. The argument by the Revenue to remit the case back to the Tribunal for a decision on merits was not accepted, as no audit objection was produced for review, and the tax effect remained below the prescribed limit.
8. The CBDT Circular's spirit was emphasized, highlighting the need for the Revenue to withdraw appeals when the tax effect is below the limit, irrespective of audit objections, to align with the litigation policy.
9. Ultimately, the High Court dismissed the Revenue's appeal under Section 260A of the Income Tax Act, affirming the Tribunal's decision to dismiss the appeal due to the tax effect being below the prescribed limit.

This detailed analysis covers the various issues involved in the legal judgment, providing a comprehensive understanding of the case and the reasoning behind the decisions made by the Tribunal and the High Court.