INCOME TAX OFFICER, FEROZEPUR CANTT V. MS.HS AGRO, SHRI RAM CHOWK

ITA 329/ASR/2024

AI Insights

This case involves a series of appeals filed by the Income Tax Officer, Ferozepur Cantt against M/s H. S. Agro concerning the assessment years 2013-14 to 2017-18. The appeals were based on the orders of the CIT(A) National Faceless Appeal Centre, Delhi. The primary contention was the tax effect involved, which amounted to Rs. 44,33,501, below the threshold of Rs. 60,00,000 set by the CBDT Circular 09/2024 for filing appeals. Both parties agreed that the tax effect was below the threshold, leading to the dismissal of the appeals.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 38641 (ITAT-AMRITSAR)
• Duration Of Justice: 4 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 17-10-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 27-05-2024
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; TDS
• Section: 143(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. UDAYAN DASGUPTA, JUDICIAL MEMBER I.T.A. Nos. 328 to 331/Asr/2024 Assessment Years: 2014-15 to 2017-18 Income Tax Officer, Ferozepur Cantt (Appellant) Vs. M/s H. S. Agro, Shri Ram Chowk, Guruharsahai, Ferozepur 152022, Punjab [PAN: AAAAH 7197Q] (Respondent) I.T.A. No. 353/Asr/2024 Assessment Year: 2013-14 Income Tax Officer, Ferozepur Cantt (Appellant) Vs. M/s H. S. Agro, Shri Ram Chowk, Guruharsahai, Ferozepur 152022, Punjab [PAN: AAAAH 7197Q] (Respondent) Appellant by Respondent by : : Sh. Pardeep Kumar, Sr. D.R. Sh. Ashray Sarna, C.A. Date of Hearing Date of Pronouncement : : 17.10.2024 18.10.2024 2 ITA Nos. 328 to 331 & 353/Asr/2024 ITO v. M/s H. S. Agro ORDER Per Bench: This bunch of appeals have been filed by the revenue against the order of the ld. CIT(A) National Faceless Appeal Centre (NFAC), Delhi dated 28.03.2024& 25.04.2024in respect of Assessment Years: 2014-15 to 2017-18 and 2013-14. 2. At the time of hearing, the assessee has filed computation of income and Income tax computation form duly signed by the ACIT, Central Circle- 1, Jalandhar, in support of its claim that the disputed tax effect involved has been Rs.44,33,501/- (APB pg. no. 1 & 2). The Ld. AR submitted that since the disputed tax is being less than Rs. 60,00,000/-,and hence the department appeals are covered within the threshold limit prescribed for filing an appeal by the department before the Hon’ble Income Tax Appellate Tribunal vide CBDT Circular 09/2024 dated 17/09/2024.The Ld. AR has invited our attention to the intimation u/s 143(1) vide which the returned income of the appellant was accepted, by CPC Bengaluru by computing the tax payable (APB pages 7-16), as under: Particular Amount (Rs.) Tax at normal rates 37,85,837/- Surcharge 5,67,876/- 3 ITA Nos. 328 to 331 & 353/Asr/2024 ITO v. M/s H. S. Agro Education Cess 1,30,611/- Total Tax Liability(II) 44,84,324/- It is prayed that since the tax effect in the said matter is below the prescribed threshold, the appeal of the department may kindly be dismissed. 3. The Ld. DR has not controverted the Tax computation and admitted that appellant case in do fall within the exceptions provided in the aforesaid CBDT Circular. Accordingly, he has no objection to the request of the assessee since the tax effect in the said matter is below the prescribed threshold limit for filing the appeal by the department. 4. Having heard both the sides and perusal of record, we find that the tax effect involved in these appeals is below the prescribed threshold limit for filing the appeal by the department in terms of the CBDT Circular 09/2024, dated 17/09/2024. The Ld. DR for the appellant has stated at Bar that this is a matter involving low- tax- effect as per CBDT Circular No. 09 of 2019, dated 17th of September 2024 wherein the mandatory limit for Department to file appeal before the Income Tax Appellate Tribunal is further increased to Rs.60,00 000/-. The Ld. DR for the Department has also 4 ITA Nos. 328 to 331 & 353/Asr/2024 ITO v. M/s H. S. Agro candidly submitted at the Bar that the present appeals, as regards mandatory limit are concerned, does not fall in any of the exceptions prescribed in the Circular No.5 dated 15.3.2024 issued earlier. 5. As per CBDT Circular No.09 of 2024 monetary limit for filing appeals before the Income Tax Appellate Tribunal is Rs. 60,00 000/-. The relevant Paras 2, 3 & 5 of said Circular read as under:- \"2. As a step towards management of limitation, it has been decided by the Board to revise the monetary limits for filing of appeals in Income-tax cases as stated in para 4.1 of the aforementioned Circular as follows: - Sl. No . Appeals/SLPs in Income-tax matters Monetary Limit (Tax effect in Rs.) 1 Before Income Tax Tribunal Appellate 60 lakh 2 Before High Court 2 crore 3 Before Supreme Court 5 crore 3. Monetary limits given in paragraph 2 above with regard to filing appeal/SLP shall be applicable to all cases including those relating to TDS/TCS under the Income-tax Act, 1961 with exceptions as per paras 3.1 and 3.2 of Circular No. 5/2024 dated 15.03.2024, where the decision to appeal/file SLP shall be taken on merits, without regard to the tax effect and the monetary limits. 5. The modifications shall come into effect from the date of issue of this Circular. This Circular will apply to SLP/appeals to be filed henceforth in SC'HCs/Tribunal. It shall also apply to the SLPs/appeals 5 ITA Nos. 328 to 331 & 353/Asr/2024 ITO v. M/s H. S. Agro pending before Supreme Court/High Courts/Tribunals, which may accordingly be withdrawn.\" 6. We make it clear that the appellants shall be at liberty to point out the cases which are wrongly included in the appeals so summarily dismissed, either owing to wrong computation of tax effect, or owing to such cases being covered by the permissible exceptions, or for any other reason, and thus, the department shall be at liberty to revive the appeal in situ. 7. In the light of the above discussions, and in the light of the CBDT Circular dated CBDT Circular No.09 of 2024 monetary limit for filing appeals before the Income Tax Appellate Tribunal is Rs. 60,00 000/- and above. Therefore, these appeals of the revenue would be liable to be dismissed as withdrawn. Accordingly, all the 5 appeals filed by the Revenue are dismissed. 8. In the result, the appeals filed by the revenue are dismissed as not maintainable. Order pronounced in the open court on 18.10.2024 Sd/- Sd/- (Udayan Dasgupta) (Dr. M. L. Meena) Judicial Member Accountant Member *GP/Sr.PS* 6 ITA Nos. 328 to 331 & 353/Asr/2024 ITO v. M/s H. S. Agro Copy of the order forwarded to: (1)The Appellant: (2) The Respondent: (3) The CIT concerned (4) The Sr. DR, I.T.A.T. True Copy By Order "