2019 (10) TMI 1119 - AT - Income Tax

Monetary limit - maintainability of appeal - low tax effect - scope of recent CBDT Circular No. 17/2019 dated 08.08.2019 - HELD THAT - Revised / enhanced minimum threshold limit of tax effect of Rs. 50, 00, 000/- vide aforesaid recent CBDT Circular No. 17/2019 dated 08.08.2019 is applicable not only for appeals to be filed by Revenue in future; but also for appeals already filed by Revenue in ITAT. Accordingly in view of the aforesaid recent CBDT Circular No. 17/2019 dated 08/08/2019; the direction in aforesaid earlier Circular dated 11.07.2018 to withdraw /not press Revenue s appeal with tax effect below Rs. 20, 00, 000/-; is now to be read as direction to withdraw / not press Revenue s appeal with tax effect below revised / enhanced limit of Rs. 50, 00, 000/-. By necessary implication therefore all existing appeals in ITAT having tax effect below the revised / enhanced limit of Rs. 50, 00, 000/- are to be treated as withdrawn / not pressed; and are not maintainable. We also hold in view of the foregoing that the relaxation in monetary limits for filing of appeals by Revenue in ITAT vide aforesaid CBDT Circular dated 08.08.2019 shall be applicable also to the pending appeals in ITAT already filed by Revenue. It is well settled that CBDT Circulars and Instructions which are beneficial for assessee are binding on the authorities below. Accordingly this appeal filed by Revenue is held to be not maintainable and is treated as withdrawn / not pressed by Revenue; and is accordingly dismissed in view of aforesaid CBDT Circular dated 08.08.2019. We clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal U/s 254(2) of Income Tax Act 1961; seeking recall of this order and for restoration of appeal if it is found that appeal of Revenue is not covered by aforesaid CBDT Circular dated 08.08.2019.

Summary

Issues Involved:
1. Jurisdiction of notice issued u/s 153C.
2. Recording of due satisfaction for initiating proceedings u/s 153C.
3. Addition of Rs. 30,00,000/- as unexplained cash credits beyond the scope of jurisdiction under sections 153C and 153A.
4. Applicability of CBDT Circular No. 17/2019 regarding the monetary threshold for filing appeals.

Issue-wise Detailed Analysis:

1. Jurisdiction of Notice Issued u/s 153C:
The Revenue challenged the decision of the CIT(A) which held that the notice issued u/s 153C by the AO was without jurisdiction and quashed the assessment made thereof. The Tribunal did not delve into this issue further due to the applicability of the CBDT Circular No. 17/2019, which necessitated the withdrawal of appeals with a tax effect below Rs. 50,00,000.

2. Recording of Due Satisfaction for Initiating Proceedings u/s 153C:
The Revenue contended that the CIT(A) erred by not appreciating that due satisfaction was recorded for initiating proceedings u/s 153C. However, this issue was also not examined in detail due to the Tribunal's decision to dismiss the appeal based on the CBDT Circular No. 17/2019.

3. Addition of Rs. 30,00,000/- as Unexplained Cash Credits:
The assessee's cross-objection argued that the addition of Rs. 30,00,000/- by the AO was beyond the jurisdictional provisions of section 153C read with section 153A. Since the Revenue's appeal was dismissed based on the CBDT Circular, the cross-objection became infructuous and was formally withdrawn by the assessee.

4. Applicability of CBDT Circular No. 17/2019:
The Tribunal referred to the recent CBDT Circular No. 17/2019, which raised the monetary threshold for filing appeals by the Revenue to Rs. 50,00,000. The Tribunal noted that the tax effect in the Revenue's appeal was below this threshold. Consequently, the appeal was dismissed as not maintainable. The Tribunal emphasized that the circular applied retrospectively to all pending appeals, aligning with several precedents and clarifications issued by the CBDT.

Conclusion:
The Tribunal dismissed both the Revenue's appeal and the assessee's cross-objection. The Revenue's appeal was dismissed due to the applicability of the CBDT Circular No. 17/2019, which mandated the withdrawal of appeals with a tax effect below Rs. 50,00,000. The assessee's cross-objection was dismissed as infructuous following the dismissal of the Revenue's appeal. The detailed written order was pronounced on 09/09/2019.