2014 (9) TMI 518 - AT - Income Tax

Tribunal Dismisses Appeal for Low Tax Impact, Citing CBDT Instruction

ITO., Ward-53(3) Versus Smt. Arati Jana

The Tribunal dismissed the Revenue's appeal in limine as the tax effect was below the prescribed monetary limit under CBDT Instruction No. 5/2014, which ... Admission of appeal – Tax effect below monetary limit – Held that:- Following the decision in CIT Vs M/s. P. S. Jain & Co. [2010 (8) TMI 702 - Delhi High Court] The tax effect being less than the monetary limit specified, the CIT shall specifically record that 'even though the decision is not acceptable, appeal is not being filed only on the consideration that the tax effect is less than the monetary limit specified in this instruction'- there will be no presumption that the Income-tax Department has acquiesced in the decision on the disputed issues - The Income-tax shall not be precluded from filing an appeal against the disputed issues in the case of the same assessee for any other AY, or in the case of any other assessee for the same or any other assessment year, if the tax effect exceeds the specified monetary limits. The monetary limits shall not apply to writ matters and direct tax matters other than Income tax - Filing of appeals in other Direct tax matters shall continue to be governed by the relevant provisions of statute & rules - Further filing of appeal in cases of Income Tax, where the tax effect is not quantifiable or not involved, such as the case of registration of trusts or institutions under section 12 A of the IT Act, 1961, shall not be governed by the limits specified to file appeal in such cases may be taken on merits of a particular case – the instruction will apply to appeals filed on or after 10th July, 2014 - the cases where appeals have been filed before 10th July, 2014 will be governed by the instructions on this subject, operative at the time when such appeal was filed – revenue could not point out any of the exceptions – Decided against revenue. Issues Involved:1. Applicability of CBDT Instruction No. 5/2014 to appeals filed before its issuance.2. Whether the appeal of the Revenue is maintainable given the tax effect is below the prescribed monetary limit.Detailed Analysis:1. Applicability of CBDT Instruction No. 5/2014 to Appeals Filed Before Its Issuance:The primary issue was whether CBDT Instruction No. 5/2014, which revises the monetary limits for filing appeals, applies to appeals filed before its issuance on 10.07.2014. The Revenue argued that this instruction is prospective and not retrospective. However, the Tribunal referred to several High Court judgments, including the Hon'ble Delhi High Court in CIT Vs M/s. P. S. Jain & Co. and the Hon'ble Gujarat High Court in CIT v. Sureshchandra Durgaprasad Khatod (HUF), which supported the retrospective application of such instructions to pending cases. These judgments emphasized that the objective of such instructions is to reduce the burden of litigation where the tax effect is minimal, thus applying to both new and pending appeals.2. Maintainability of the Appeal Given the Tax Effect is Below the Prescribed Monetary Limit:The Tribunal noted that the tax effect in this appeal was Rs. 3,73,835/-, which is below the revised monetary limit of Rs. 4,00,000/- for filing appeals before the ITAT as per Instruction No. 5/2014. The Tribunal highlighted that the Hon'ble Gujarat High Court and other High Courts have consistently held that such instructions apply to pending cases to reduce litigation. The Tribunal also examined the exceptions outlined in the instruction, such as cases involving constitutional validity or where the Board's order has been held illegal. The Revenue could not demonstrate that any of these exceptions applied to the present case. Consequently, the Tribunal concluded that the appeal was not maintainable due to the low tax effect and dismissed it without delving into the merits.Conclusion:The Tribunal dismissed the appeal of the Revenue in limine due to the tax effect being below the prescribed monetary limit as per CBDT Instruction No. 5/2014, which was deemed applicable to pending appeals. The decision aligns with the judicial precedent set by various High Courts aiming to reduce the backlog of cases with minimal tax impact.