2024 (9) TMI 488 - HC - Income Tax

Maintainability of appeal on low tax effect - HELD 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. As 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/-. As 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 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:
1. Dismissal of the appeal by the Department for the assessment year 2007-08.
2. Challenge to the order of the Tribunal regarding cross-objections of the assessee.
3. Dispute over six additions made by the Assessing Officer.
4. Validity of the assessment order dated 31-12-2009.
5. Properness of the additions made in the appeal.
6. Impact of the remand report on the additions.
7. Tax liability and maintainability of the appeal based on Circular No. 17/2019.

The High Court considered two appeals filed by the Department challenging the dismissal of the appeal and the allowance of cross-objections, resulting in the dismissal of the appeal for the assessment year 2007-08. The first appeal challenged 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 disallowances, losses, and compensation payments. The appeal disputed the validity of these additions. In the appeal, except for the loss on the sale of land, all other additions were deemed improper. The remand report also acknowledged the incorrectness of some additions, particularly regarding bad debts. The report indicated a reduction in the additions, resulting in a lower tax liability than initially assessed.

The Court highlighted that the tax liability, considering the remand report's adjustments, would fall below the threshold specified in Circular No. 17/2019, making the appeal potentially non-maintainable. Even if the appeal were allowed and remanded to the Tribunal, the tax effect would still be below the prescribed limit, rendering the appeal futile. The Court emphasized that the tax liability based on the remand order and the return filed would be less than the specified threshold, making the appeal before the Appellate Authority unsustainable. Consequently, the Court dismissed both appeals, citing Circular No. 17/2019 as the basis for rejection. The Court clarified that the dismissal of the appeals did not signify a decision on any legal issues involved in the proceedings.