Deputy Commissioner of Income-Tax, Central Circle, Belagavi V. Shri Shivanand A. Manakar, Kalaburagi

ITA 155/PAN/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7894 (ITAT-PANAJI)
• Duration Of Justice: 4 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: WT(D)
• Assessment Year: 2014-2015
• Appeal Filed On: 12-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: RAJKUMAR HANCHNAL
• Keywords: Tax effect; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘PANAJI’ BENCH, PANAJI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL, ACCOUNTANT MEMBER ITA No.155/PAN/2018 Assessment Year: 2014-15 DCIT, CENTRAL CIRCLE, BELAGAVI Vs. SHRI SHIVANAND A. MANAKAR H. No. 10-2-61/2, Anand Nagar, S.B. College Road, Kalaburagi. PAN: AEBPM 7207 G (Appellant) (Respondent) Present for: Assessee by : Shri Rajkumar Hanchnal, CA Revenue by : Shri Mayur Kamble, Sr. DR Date of Hearing : 13.06.2022 Date of Pronouncement : 13.06.2022 O R D E R PER GIRISH AGRAWAL, ACCOUNTANT MEMBER: The present appeal filed by the Revenue is directed against the order dated 29.01.2018 of the Commissioner of Income Tax (Appeals)-2, Panaji in ITA No. 203/CIT(A)-2/PNJ/2015-16 for A.Y. 2014-15 against the assessment order passed by DCIT, Central Circle, Belagavi dated 29.01.2016 u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) 2. At the outset, it is seen that the tax effect on the disputed additions before us is less than Rs.50 lacs as the prescribed in the CBDT’s latest Circular No17/2019 dated 08.08.2019. It will be pertinent to reproduce the relevant portion of the said Circular as follows:- “2 . As a step toward 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: ITA No.155/PAN/2018 Shri Shivanand A. Manakar A.Y. 2014-15 2 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 2.1 We find that intention behind the Circular No17/2019 dated 08.08.2019 needs to be understood in the following perspective:- 3. 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-à-vis where composite order for more than one assessment year is passed, para 5 of the circular is substituted by the following para: “5. The Assessing Officer shall calculate the tax effect separately for every assessment year in respect of the disputed issues in the case of every assessee. if, the case of an assessee, 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 years 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 assessments 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. In case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately.” 2.2. On perusal of the Circular No. 17/2019 dated 08.08.2019 and the materials available on record, it reveals that this circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals as well. Hon’ble Apex Court in Commissioner of Customs vs. Indian Oil Corporation Ltd reported in 267 ITR 272 (SC) has settled the law that CBDT’s circulars are very much binding on revenue authorities. 3. We have heard the rival submissions and perused the material on record. We find from the records before us that the tax involved in the disputed issue is below Rs.50 lakhs and therefore, in view of the CBDT Circular No. 17/2019 dated 08.08.2019 no appeal should be filed by the Revenue before the Tribunal which has tax effect of Rs. 50.00 lakhs or less and ITA No.155/PAN/2018 Shri Shivanand A. Manakar A.Y. 2014-15 3 this circular is also applicable retrospectively to all pending appeals. Therefore, the appeal filed by the Revenue is dismissed. 4. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on 13.06.2022. Sd/- Sd/- (CHANDRA MOHAN GARG) (GIRISH AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Panaji, Dated: 13.06.2022. Biswajit, Sr. P.S. Copy to: 1. The Appellant: DCIT, Central Circle, Belagavi. 2. The Respondent: Shri Shivanand A. Manakar, Kalaburagi. 3. The CIT, Concerned, 4. The CIT (A) Concerned, 5. The DR Concerned Bench //True Copy// [ By Order Sr. Private Secretary ITAT, Panaji (on tour)