Appeal details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 3944 (ITAT-PANAJI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 9 month(s) 20 day(s)
Appellant
Respondent
Appeal Type
Income Tax (Search & Seizure) Appeal
Pronouncement Date
08-10-2021
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
DB
Assessment Year
2011-2012
Appeal Filed On
18-12-2017
Judgement Text
, , IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI, BENCH PANAJI , , BEFORE SHRI LALIET KUMAR, JM AND DR. MITHA LAL MEENA, AM IT (SS) A NO. 40&41 /PAN/20 1 8 (AY: 2011 - 2012 & 2009 - 2010 ) DCIT CENTRAL CIRCLE, BALLARI VS NAGAPPA DEVAPPA WADDAR NO.2 - 12 - 32/6/54, SHRI NAGA NILAYA, FRIENDS COLONY, GULBARGA ROAD, LINGASUGURU, RAICHUR PAN : ABEPN 0127 G ( / APPELLANT ) .. ( / RESPONDENT ) /REVENUE BY : SHRI PRABHAT JHA, CIT DR /ASSESSEE BY : MS.SUNAINA BHATIA, CA / DATE OF HEARING : 06 /1 0 /202 1 / DATE OF PRONOUNCEMENT : 08 /10 /202 1 / O R D E R PER BENCH : TH ESE TWO APPEA LS FILED BY THE REVENUE AGAINST THE SEPARATE ORDE R , PASSED BY THE CIT (A) - 2 , PANAJI FOR THE ASSESSMENT YEAR 201 1 - 201 2 & 2009 - 2010. 2. OUT OF THE TWO APPEALS, ONE APPEAL I.E. IT (SS) A NO.41/PAN/2017 IS TIME BARRED BY ONE DAY, HOWEVER, LOOKING TO THE FACTS AND CIRCUMSTANCES AND CONSIDERING THE CONTENTIONS OF BOTH THE PARTIES , WE CONDONE THE DELAY OF ONE DAY IN FILING THE APPEAL OF THE REVENUE FOR THE ASSESSMENT YEAR 2011 - 2012. 3. VIDE CBDT CIRCULAR DATED 8TH AUGUST 2019, THE INCOME TAX DEPARTMENT HAS ANNOUNCED ITS POLICY DECISION NOT TO FILE, OR PRESS, THE APPEALS, BEFORE THIS TRIBUNAL, AGAINST THE APPELLATE ORDERS FAVOURABLE TO THE ASSESSEE IN THE CASES IN WHICH OVERALL TAX EFFECT, INCLUDING SURCHARGE BUT EXCLUDING INTEREST, IS RS 50,00,000 OR LESS. THIS MONETA RY LIMIT, WHICH WAS RS. 20,00,000 TILL 7TH AUGUST 2019, HAS BEEN IN EFFECT ENHANCED BY ALMOST IT (SS) A NOS. 40&41 /PAN/201 7 2 2.5 TIMES OVER THE LAST YEAR, AND THE RELIEF IS RETROSPECTIVE IN NATURE INASMUCH AS IT NOT ONLY APPLIES TO FUTURE APPEALS BUT ALSO TO THE PENDING APPEALS. 4 . AS A STEP TOWARDS MANAGEMENT OF LITIGATION, THE CBDT HAS DECIDED TO FURTHER ENHANCE THE MONETARY LIMITS FOR FILING THE APPEALS IN INCOME TAX CASES VIDE PARA 3 AND PARA 5 OF THE AFORESAID CIRCULAR TO REMOVE THE AGONY OF UNCERTAINTY TO THE TAXPAYERS WHO HAVE BEEN SUCCESSFUL BEFORE THE LOWER APPELLATE AUTHORITIES. 5 . LEARNED DEPARTMENTAL REPRESENTATIVES STATE THAT LIBERTY MAY BE GIVEN TO SEEK RECALL THE DISMISSAL OF APPEALS AND RESTORATION OF THE APPEAL IF ON FURTHER VERIFICATION THE TAX EFFECT, IN TERMS OF TH E CBDT CIRCULAR (SUPRA), EXCEEDS RS 50,00,000. AR HAS NOT OPPOSED THIS PRAYER. WE MAKE IT CLEAR THAT THE APPELLANTS SHALL BE AT LIBERTY TO POINT OUT WRONG COMPUTATION OF TAX EFFECT BEING COVERED BY THE PERMISSIBLE EXCEPTIONS, OR FOR ANY OTHER REASON, AND ACCORDINGLY WE WILL TAKE APPROPRIATE REMEDIAL STEPS IN THIS REGARD. 6 . IN THE LIGHT OF THE ABOVE DISCUSSIONS, AND IN THE LIGHT OF THE CBDT CIRCULAR DATED 8TH AUGUST 2019, THIS TWO APPEAL S , BEING INVOLVING TAX EFFECT OF LESS THAN RS 50 LAKHS, ARE DISMISSED. 7 . WITH THE ABOVE OBSERVATIONS, BOTH THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 / 10 / 2021. SD/ - SD/ - ( ) (LALIET KUMAR) ( ) (DR. M ITHA LA L MEENA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /PANAJI ; DATED 08 /10 /202 1 PRAKASH KUMAR MISHRA, SR.P.S. IT (SS) A NOS. 40&41 /PAN/201 7 3 / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , /ITAT, PANAJI 1. / THE APPELLANT - 2. / THE RESPONDENT - 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT, PANJAJI 6. / GUARD FILE. //TRUE COPY//
