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RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax (central) – Appellant
Versus
Amit Gupta – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM No.22088/2023 [Application filed on behalf of the appellant seeking condonation of delay of 2 days in re-filing the appeal]
1. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal.
1.1 According to the appellant/revenue, there is a delay of 2 days.
2. For the reasons given in the application, the delay is condoned.
3. The application is disposed of, in the aforesaid terms.
ITA 249/2023
4. This appeal concerns Assessment Year (AY) 2017-18.
5. What is noticed is that, even according to the appellant/revenue, the tax effect in this particular AY is only Rs.14,41,972/-.
6. Needless to state, tax effect has to be ascertained for each AY. This is evident upon a bare perusal of paragraph 5 of circular no.3/2018 dated 11.07.2018, issued by the Central Board of Direct Taxes (CBDT). For the sake of convenience, the said paragraph is extracted hereafter:
"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 main legal point established in the judgment is the requirement to calculate the tax effect separately for every assessment year and to file appeals based on the tax effect in the relevant assess....
The court has the discretion to condone delay in re-filing appeals and may rely on previous decisions to close appeals.
The court's decision was based on the lack of substantial question of law arising for consideration and the coverage of the issue by a previous court decision.
The principle of condonation of delay and the requirement for a substantial question of law to arise for consideration in an appeal.
The court's decision was based on the absence of a substantial question of law for consideration in the appeal.
The court's decision was influenced by its previous ruling on a similar issue, indicating the importance of consistency in judicial decisions.
The absence of substantial question of law can lead to the closure of appeals.
The circulars issued by CBDT at the relevant time are binding on the appellant/revenue, and the Tribunal's decision was based on the circular in force at the time.
The incriminating material found during the search must concern the assessment year in issue for the proceedings to be valid.
Clarity in penalty notices and the debatable nature of issues at the relevant time can influence the imposition of penalties.
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