ITO, Ward-46(4), New Dellhi v. Jain Steel Corporation
[Citation -2019-LL-0821-63]

Citation 2019-LL-0821-63
Appellant Name ITO, Ward-46(4), New Dellhi
Respondent Name Jain Steel Corporation
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 21/08/2019
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags low tax effect
Bot Summary: These are the appeals filed by Department against the order of respective the ld CIT(A) for respective assessment Years. As a step towards further management of litigation, it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S.No. Further, with a view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed, para 5 of the circular is substituted by the following para: 5. The disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which the tax effect in respect of the disputed issues exceeds the monetary' limit specified in para 3. No appeal shall be filed in respect of an assessment year or y ears in which the tax effect is less than the monetary limit specified in para 3. Further, even in the case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3. There is no dispute that the Board s instructions or directions issued to the Income-tax authorities are binding on those authorities the Department should have withdrawn/not pressed the present appeal in view of the aforesaid instruction since the tax effect in the instant appeal is less than the amount of Rs. 50 lakhs.


INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D : NEW DELHI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 5628/Del/2016 (Assessment Year: 2007-08) ITO, Vs. Jain Steel Corporation, Ward-46(4), 700, Gali Kundewlan, Drum Shap Building, Ajmeri Gate, Delhi New Delhi PAN: AAGFJ0085Q (Appellant) (Respondent) Revenue by : Smt Naina Soin Kapil, Sr. DR Assessee by: Shri Ankit, CA Shri Bhavesh, AR ITA No. 4181 & 5961/Del/2016 (Assessment Year: 2006-07 and 2013-14) ACIT, Vs. Jindal Poly Films Ltd, Central Circle-30, 19 Plot No. 12, Sector-B-1, th New Delhi Local Shppping Complex, Vasant Kunj, New Delhi PAN: AAACJ7650E (Appellant) (Respondent) Revenue by : Smt Naina Soin Kapil, Sr. DR Assessee by: Shri Vibhu Gupta, CA Date of Hearing 21/08/2019 Date of pronouncement 21/08/2019 ORDER PER BENCH 1. These are appeals filed by Department against order of respective ld CIT(A) for respective assessment Years. 2. At outset of hearing itself, ld. ARs brought to our attention that CBDT vide Circular No. 17/2019 dated 08th August 2019 has decided that revenue would not prefer any appeal before Tribunal if tax effect Page | 1 is less than Rs. 50 lakhs. Therefore, he pleaded that appeal of revenue be decided as per Instruction of CBDT. 3. ld DRs vehemently objected to same and submitted that it applies prospectively and not to pending appeals. 4. We have heard contention of rival parties and perused material on record. We find that CBDT vide Circular No. 17/2019 dated 08th August 2019 has enhanced monetary limit for filing appeal by department before Income Tax Appellate Tribunal, Hon ble High Courts and Hon ble Supreme Court. relevant para of aforesaid circular is reproduced as under :- 2. As step towards further management of litigation, it has been decided by Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of Circular mentioned above and accordingly, table for monetary limits specified in Para 3 of Circular shall read as follows: S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 50.00,000 2. Before High Court 1.00.00.000 3. Before Supreme Court 2.00,00.000 3. Further, with view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed, para 5 of circular is substituted by following para: "5. Assessing Officer shall calculate tax effect separately for every assessment year in respect of disputed issues in case of every assessee. If, in case of assessee. disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which tax effect in respect of disputed issues exceeds monetary' limit specified in para 3. No appeal shall be filed in respect of assessment year or y ears in which tax effect is less than monetary limit specified in para 3. Further, even in case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit specified in para 3. In case where composite order/ judgement involves more than one assessee. each assessee shall be dealt with separately. 4. said modifications shall come into effect from date of issue of this Circular. 5. same may be brought to notice of all concerned. 6. This issues under section 268A of Income-tax Act, 1961. Page | 2 5. We find that tax effect involves in appeal of Revenue is below Rs. 50 lakhs. There is no dispute that Board s instructions or directions issued to Income-tax authorities are binding on those authorities, therefore, Department should have withdrawn/not pressed present appeal in view of aforesaid instruction since tax effect in instant appeal is less than amount of Rs. 50 lakhs. issue of applicability of above circular to pending appeals has been decided by coordinate bench in Dinesh Madhavlal Patel [TS-469-ITAT-2019(Ahd)] 2019-TIOL- 1556-ITAT-AHM dated 14th August, 2019 . 5. In view of above, Circular No. 17/2019 dated 08/08/2019 will apply to all pending appeals. Therefore precedent, it is held that appeal is not maintainable in instant case as tax effect is less than Rs. 50 lakhs. Accordingly, it is held that appeal filed by revenue is not maintainable. We also hastened to add that certain times instances stated in para No. 10 of CBDT Circular No. 3/2018 dated 11.07.2018 is not discernable from assessment and appellate orders, therefore, in such cases, we also give liberty to revenue that if such instances comes to their notice than, revenue may file miscellaneous application with such evidences. 6. In result, appeal filed by department are dismissed. Order pronounced in open court on 21/08/2019. -Sd/- -Sd/- (KULDIP SINGH) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated:21/08/2019 K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Page | 3 ITO, Ward-46(4), New Dellhi v. Jain Steel Corporation
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