TMI Blog2019 (8) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... take appropriate remedial steps in this regard. All the appeals stand dismissed as withdrawn. As the appeals filed by the Revenue are found to be non-maintainable and as all the related cross-objections of the assessee arise only as a result of those appeals and merely support the order of the CIT(A), the cross objections filed by the assessee are also dismissed as infructuous. Ordered, accordingly. - ITA No. 1398/Ahd/2004 - - - Dated:- 14-8-2019 - Mr P P Bhatt, President, And Pramod Kumar, Vice President For The Appellant : Aparna Agarwal, Commissioner (DR) alongwith Mudit Nagpal, Vinod Tanwani and S K Dev For The Various Respondents : J P Shah, S N Soparkar and Tushar P Hemani, Senior Advocates, Mukesh Patel, Advocate, Samir N. Divetia, Advocate, Mehul K. Patel, Advocate, Manish J. Shah, Advocate, Sanjay R. Shah, CA, Urvashi Shodhan, Advocate, Arti Shah, CA, Parin Shah, CA Parimalsinh Parmar, Advocate, Hardik Vora, Advocate, Jaimin Shah, CA, Divyakant Parikh, CA, S. K. Sadhwani, CA, Sakar Sharma, CA, S. V. Agarwal, CA, Prakash D. Shah, CA, Hitesh P. Shah, CA, Nupur Shah, Advocate, Karan Shah, CA, Kinjal V. Shah, CA, Mehul Talera, CA, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal in an assessment year, that relief cannot be challenged before Hon ble Supreme Court. These monetary threshold limits for filing of appeals by the income tax authorities do not take into account interest and other corollaries of the tax demands being confirmed such as penalties, except when a penalty itself is subject matter of litigation, and prosecutions. The enhancement of these monetary limits is at an unprecedented scale. The monetary limit for appeals before this Tribunal, which was ₹ 3,00,000 till 10th July 2014, has been in effect enhanced to almost 1,700% in the last five years. This substantial relaxation is certainly a huge step which signifies trust reposed by the Government of India in the decisions of the appellate forums, and substantially cuts down time taken in the finality of the appellate process. It is indeed heartening to note that in one stroke, the Government has not only prevented, but has, in effect, set the stage for withdrawal of thousands of appeals before this Tribunal and before Hon ble Courts above. In an environment in which retrospectivity was attached only to the taxation and not to tax reliefs or concessions, such an approach is a pleas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ef not only in terms of the monetary limits but also in terms of the manner in which the application of circular to orders dealing with more than one year is to made. Shri S N Divetia, learned counsel for the assessee, submits that unlike in the cases of earlier CBDT circulars, which used to be in supersession of earlier circulars on the issues, the circular dated 8th August 2019 only modifies the earlier circular which, inter alia, provided for its retrospective application. Our attention is invited to some judicial precedents in support of the contention that the benevolent circular, such as the one in question, is to be given effect in respect of the pending appeals as well. Ms Urvashi Shodhan, learned counsel for the assessee, points outs that its plainly contrary to the scheme of the litigation policy of the Government of India to give this circular only prospective effect. Shri S K Sadhwani, learned counsel for the assessee, invites our attention to the letter dated 16th July 2018 issued by Member CBDT to the all the Principal Chief Commissioners of Income Tax, in the context of circular dated 11th July 2018 that the present circular seeks to modify, seeking report on withdra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment year vis-a-vis where composite order for more than one assessment years 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 in 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 assessment 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/ judgement involves more than one assessee, each assessee shall be dealt with separately ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less than two working days, to the Principal Chief Commissioner of Income Tax Gujarat, as also the learned Departmental Representatives, for his immense help, cooperation and active involvement in speedily disposing of these appeals, and, of course, to the ITAT Bar Association Ahmedabad for their whole hearted cooperation in this special drive. The circular was issued on Thursday the 8th August 2019, and within two working days and the long weekend, today on 14th August 2019, all the appeals stand disposed of. It s only a team effort and whole hearted cooperation of all the stakeholders that can enable us to so speedily implement taxpayer friendly initiatives of the Government of India. The taxpayer relief involved in these appeals, including interest and the other corollaries, is estimated to be well over ₹ 350 crores. The lead case before us is an appeal filed over fifteen years ago by the Income Tax Officer and it deals with an assessment year which pertains to the period over twenty years ago. Yet, the matter had not reached the finality and the revenue s challenge to the relief granted by the Commissioner (Appeals) had remained undecided. That is nothing but prolonged ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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