Ita/6/2019 Of Pr. Commissioner Of Income Tax v. Sarabjit Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLAON THE 29[th] DAY OF DECEMBER, 2021 BEFORE HON'BLE MS. JUSTICE SABINA & HON'BLE MR. JUSTICE SATYEN VAIDYA INCOME TAX APPEAL No. 6 of 2019. Between:- PR. COMMISSIONER OF INCOME TAX, SHIMLA. ….APPELLANT (BY MR. VINAY KUTHIALA, SENIOR ADVOCATE WITH MS. VANDANA KUTHIALA, ADVOCATE). AND SH. SARABJIT SINGH, PROP. M/S SACHDEVA BROTHERS & J.S. CARGO, DHANOTU, TEHSIL SUNDERNAGAR, DISTRICT MANDI. ….RESPONDENT. (BY MR. VISHAL MOHAN, ADVOCATE.) This appeal coming on for admission after notice this day, Hon'ble Mr. Justice Satyen Vaidya, delivered the following: J U D G M E N T 2. By way of instant appeal, the revenue seeks to assail order dated 05.11.2018, passed by the Income Tax Appellate Tribunal (for short ‘ITAT’), Chandigarh in ITA No. 530/CHD/2018. 3. Noticeably, the tax effect in the case, as per the version of appellant itself, is Rs.43,50,334/-. 4. The monetary limits for filing of appeals by the revenue before the Income Tax Appellate Tribunal, High Courts and SLPs/appeals before the Supreme Court have been prescribed vide Central Board Direct Taxes (for short ‘CBDT’) Circular No. 3 of 2018 dated 11.07.2018. The monetary limits have further been revised by the CBDT vide Circular No. 17/2019 dated 8.8.2019, which reads as under: “Circular No. 17 of 2019 Date – 8[th] August, 2019 Further Enhancement of Monetary limits for filing ofappeals by the Department before Income Tax AppellateTribunal, High Courts and SLPs/appeals before Supreme Court – Amendment to Circular 3 of 2018 – Measures for reducing litigation. Circular No. 3/2018 dated 11[th] July 2018 has been replaced by circular No. 17/2019 dated 8[th] August 2019 to enhance Monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal, High Courts and SLPs/appeals before Supreme Court for reducing litigation. 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. No appeal shall be filed in respect of an assessment year or years in which the tax effect is less than the monetary limit. 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. In case where a composite order/judgment involves more than one assessee, each assessee shall be dealt with separately.” 5. The four exempted cases where the monetary limits will not be a bar for filing the appeals before the Income Tax Appellate Tribunal, High Courts and SLPs/appeals before the Supreme Court, have been prescribed under Clause 10 of the CBDT Circular No. 3 of 2018, as under: “10. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect: (a)Where the Constitutional validity of the provisions of an Act or Rule is under challenge, or Act or Rule is under challenge, or (b)Where Board’s order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or has been held to be illegal or ultra vires, or (c)Where Revenue Audit objection in the case has been accepted by the Department, or accepted by the Department, or Tribunal, High Courts and SLPs/appeals before the Supreme Court, have been prescribed under Clause 10 of the CBDT Circular No. 3 of 2018, as under: “10. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect: (a)Where the Constitutional validity of the provisions of an Act or Rule is under challenge, or Act or Rule is under challenge, or (b)Where Board’s order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or has been held to be illegal or ultra vires, or (c)Where Revenue Audit objection in the case has been accepted by the Department, or accepted by the Department, or (d)Where addition relates to undisclosed foreign income/undisclosed foreign assets (including financial assets)/ undisclosed foreign bank account.” income/undisclosed foreign assets (including financial assets)/ undisclosed foreign bank account.” 6. The appellant contended that though the tax effect in the instant case is less than the monetary limit prescribed by the aforesaid circulars, but instant appeal is maintainable by application of Clause 10 (C) of CBDT Circular No.3 of 2018. We, however, are unable to agree with the contentions so raised for the reason that Clause 10 (C) of the circular relates to eventuality where the objection is raised by the Revenue Audit and the same is accepted by the Department, whereas we don’t find the applicability of such clause in the facts and circumstances of the instant case. 7. Hence, the appeal is not maintainable and the same is accordingly disposed of, so also the pending miscellaneous application(s), if any. Hence, the appeal is not maintainable and the same is (Sabina) Judge 29[th] December, 2021. (GR) (Satyen Vaidya) Judge