JCIT (OSD), Kolkata v. A. Tosh & Sons (India) Ltd
[Citation -2019-LL-0906-90]

Citation 2019-LL-0906-90
Appellant Name JCIT (OSD), Kolkata
Respondent Name A. Tosh & Sons (India) Ltd.
Court ITAT-Kolkata
Relevant Act Income-tax
Date of Order 06/09/2019
Assessment Year 2002-03
Judgment View Judgment
Keyword Tags revised monetary limits • low tax effect
Bot Summary: CIT Sr. DR Respondent by : Shri Anil Kochar, A.R. / Date of Hearing : 20/06/2019 /Date of Pronouncement : 06/09/2019 / ORDER Per Dr. A. L. Saini: The captioned appeal filed by the Revenue, pertaining to assessment year 2002-03, is directed against the order passed by the Commissioner of Income Tax-7, Kolkata, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) of the Income Tax Act, 1961 dated 24/03/2005. Later on, we noticed that CBDT issued circular No. 17/2019, dated 08.08.2019, wherein the CBDT has further enhanced the monetary limits for filing appeals by the Revenue before Tribunal, High Court and Supreme Court which is applicable with retrospective effect. Recently the CBDT has issued Circular No. 17/2019 dated 08.08.2019, whereby the monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court have been increased as measure for reducing Litigation. The appeal under consideration has certainly been filed contrary to the Circular issued by the CBDT Circular No.17 dated 08.08.2019. In the event, the Revenue finds at a later point of time that the tax effect in the appeal is more than Rs.50 lakhs or despite low tax effect the appeal of the revenue is maintainable, the revenue is at liberty to move this Tribunal for recalling of this order. In view of the above, we hold that the appeal filed by the Department, against the impugned order of the Ld. CIT(A), is contrary to the policy decision of the Department and as such the appeal filed by the Department is dismissed in limine. In the result, the appeal by the Revenue is dismissed.


IN INCOME TAX APPELLATE TRIBUNAL B , BENCH KOLKATA BEFORE SHRI A. T. VARKEY, JM &DR. A.L.SAINI, AM ./ITA No.1273/Kol/2016 (Assessment Year: 2002-03) JCIT(OSD), Kolkata Vs. M/s A. Tosh & Sons (India) Ltd. P-32 & 33, India Exchange Place, Kolkata-700001 PAN/GIR No.: AACCA 4863 (Assessee) (Revenue) Assesseeby : Shri Robin Chowdhury, Addl. CIT Sr. DR Respondent by : Shri Anil Kochar, A.R. / Date of Hearing : 20/06/2019 /Date of Pronouncement : 06/09/2019 / ORDER Per Dr. A. L. Saini: captioned appeal filed by Revenue, pertaining to assessment year 2002-03, is directed against order passed by Commissioner of Income Tax (Appeal)-7, Kolkata, which in turn arises out of assessment order passed by Assessing Officer u/s 143(3) of Income Tax Act, 1961 (in short Act ) dated 24/03/2005. 2. This appeal of Revenue was heard by this Bench on dated 20.06.2019 on merits. Later on, we noticed that CBDT issued circular No. 17/2019, dated 08.08.2019, wherein CBDT has further enhanced monetary limits for filing appeals by Revenue before Tribunal, High Court and Supreme Court which is applicable with retrospective effect. We note that in this Revenue appeal tax effect is less than Rs. 50,00,000/- therefore, order is being passed in pursuance of circular no. 17/2019 dated 08.08.2019. M/s A. Tosh & Sons (India) Ltd. ITA No.1273/Kol/2016 Assessment Year:2002-03 3. Recently CBDT has issued Circular No. 17/2019 dated 08.08.2019, whereby monetary limits for filing of appeals by Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court have been increased as measure for reducing Litigation. revised monetary limits laid down in para-2 of this Circular are as follows: 1. Before Appellate Tribunal Rs. 50,00,000/- 2. Before High Court Rs. 1,00,00,000/- 3. Before Supreme Court Rs. 2,00,00,000/- 3. In present case, disputed addition is Rs. 1,08,92,275/-. So, tax effect in this appeal by revenue is less than Rs.50,00,000/-. Though this appeal had been filed by revenue on 13.09.2017 and was within monetary limit in form of tax effect for filing appeals before Tribunal, in view of recent Circular of CBDT, even such appeals will be governed by new monetary limits laid down in CBDT Circular No.17/2019 referred to above. 4. It is settled law that Circulars issued by CBDT are binding on Revenue. This position was confirmed by Apex Court in case of Commissioner of Customs vs Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined earlier decisions of Apex Court with regard to binding nature of Circular and laid down that when circular issued by Board remains in operation then Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to terms of statute. appeal under consideration has certainly been filed contrary to Circular issued by CBDT Circular No.17 dated 08.08.2019. 5. In event, Revenue finds at later point of time that tax effect in appeal is more than Rs.50 lakhs or despite low tax effect appeal of revenue is maintainable, revenue is at liberty to move this Tribunal for recalling of this order. M/s A. Tosh & Sons (India) Ltd. ITA No.1273/Kol/2016 Assessment Year:2002-03 6. In view of above, we hold that appeal filed by Department, against impugned order of Ld. CIT(A), is contrary to policy decision of Department and as such appeal filed by Department is dismissed in limine. 7. In result, appeal by Revenue is dismissed. Order pronounced in Court on 06.09.2019 Sd/- Sd/- (A.T. VARKEY) (A.L.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER Date: 06/09/2019 (SB, Sr.PS) Copy of order forwarded to: 1. JCIT(OSD), Circle-4(1), Kolkata 2. M/s A. Tosh & Sons (India) Ltd. 3. C.I.T(A)- 4. C.I.T.- Kolkata. 5. CIT(DR), Kolkata Benches, Kolkata. 6. Guard File. True copy By Order Assistant Registrar ITAT, Kolkata Benches JCIT (OSD), Kolkata v. A. Tosh & Sons (India) Ltd
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