TMI Blog2019 (8) TMI 1466X X X X Extracts X X X X X X X X Extracts X X X X ..... appeals so summarily dismissed, either owing to wrong computation of tax effect or owning to such cases being covered by the permissible exceptions- or for any other reason, and we will 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 All the appeals stand dismissed as withdrawn.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. - Decided against revenue. - ITA 1582/Bang/2017, ITA 1591/Bang/2017, CO 31/Bang/2019, CO 33/Bang/2019, ITA 292/Bang/2018, ITA 293/Bang/2018, ITA 294/Bang/2018, ITA 297/Bang/2018, ITA 87/Bang/2018, ITA 59/Bang/2018 And Ors. - - - Dated:- 28-8-2019 - ITA 1582/Bang/2017, ITA 1591/Bang/2017, CO 31/Bang/2019, CO 33/Bang/2019, ITA 292/Bang/2018, ITA 293/Bang/2018, ITA 294/Bang/2018, ITA 297/Bang/2018, ITA 87/Bang/2018, ITA 59/Bang/2018, CO 60/Bang/2018, ITA 730/Bang/2016, ITA 203/Bang/2017, ITA 409/Bang/2012, ITA 1250/Bang/2007, ITA 1651/Bang/2018, ITA 2723/Bang/2017, ITA 917/Bang/2016, ITA 112 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8, WTA No.61/Bang/2018, WTA No.62/Bang/2018, 904/Bang/2018, C.O. No.56/Bang/2018 (IN ITA No.904/Bang/2018), 99/Bang/2018, 1614/Bang/2016, 1250/Bang/2017, 1251/Bang/2017, C.O. No. 77, 78/Banga/2017 (In ITA No. 1250, 1251/Bang/2017), 936/Bang/2016, 462/Bang/2017, 57/Bang/2018, 1439/Bang/2017, 2798/Bang/2018 ACIT, Central Circle 2(1), Bangalore Versus M/s. Lakshmi Venkatesh Minerals, Sri Prakash Ladhani, Shri K.G. Rajesh, M/s. Century Real Estate Holdings Pvt. Ltd., Income Tax Officer, Ward 1(2)(1), Bangalore Versus Smt. Ratnamma, M/s. Travancore Jewels Diamonds, The Davangere Harihara Urban Sahakara Bank, DCIT, Circle 6(2)(1), Bangalore Versus Sri Sathyanarayana Shetty, M/s. R.R. Gold Palace, Viteos Capital Market Services Limited and Ors Shri N.V. Vasudevan, Vice President And Shri A.K.Garodia, Accountant Member Appellants by: Smt.Neera Malhotra, CIT DR/Shri Siddapaji DCIT, SR.DR and Smt.Renuka Devi, DCIT. Respondents by: Ms/S/Shri V. Srinivasan, Advocate; Prashanth G.S., CA; Deepesh Wagle, CA; Sheetal Borkar, Advocate, B.S. Balachandran, Advocate; H. Guruswamy, ITP; P C Khincha, CA; C. Ramesh, CA; Keerthi Narayanan, CA; Jinita Chatterjee, Advocate; Suresh Muthuk ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India for reducing the income tax litigation. Vide CBDT circular dated 8th August, 2019, the income tax department has further liberalized its policy for not filing appeals against the decisions of the appellate authorities in favour of the taxpayers, wherein tax involved is below certain threshold limits, and 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, excluding interest-except when interest itself is in dispute, is ₹ 50,00,000 or less. What it means, in plain words, is that when a Commissioner (Appeals) gives the taxpayer tax relief of upto ₹ 50 lakhs in an appeal in an assessment year, the matter ends there and the relief so granted by the Commissioner (Appeals) cannot be challenged before this Tribunal, that when this Tribunal gives the taxpayer relief of upto ₹ 1 crore in an appeal in an assessment year, the matter ends there and the relief so granted by the Tribunal cannot be challenged before the Hon ble High Court, and that when Hon ble High Court gives relief of upto ₹ 2 crore to the taxpayer in an appeal in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... implicit in her submissions. All of them are unanimous in their argument that the circular must be held to have retrospective application and must equally apply to the pending appeals as well. Shri J P Shah, Senior Advocate, points out that the circular dated 8th August 2019 is not a standalone circular and it is required to be read with the old circular no. 3 of 2018 which is what it seeks to modify. This circular, according to the learned counsel, only enhances the monetary limits and gives further relaxation. He urges us not to read the circular in a manner so as to nullify the underlying approach and object of reducing litigation. Shri Soparkar, learned Senior Advocate, submits that all that the present circular does is to modify the monetary limits and nothing more, and, therefore, it cannot be treated to follow any other approach other than the approach followed in the old circular. The old circular, beyond any dispute or controversy, categorically applied to the pending appeals as on the date of issuance of circular. Shri Tushar Hemani, learned Senior Advocate, points out that the circular dated 8th August 2019 only gives further relief not only in terms of the monetary limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019: 2. As a step towards 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: S.No. Appeals/SLPs in Income-tax matters Monetary Limit (Rs.) 1Before Appellate Tribunal 50,00,000 2Before High Court 1,00,00,000 3Before Supreme Court 2,00,00,000 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-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 ass essee, the disputed issues arise ..... X X X X Extracts X X X X X X X X Extracts X X X X
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