ACIT, NEW DELHI vs. SMT. SUDHA NAGAR, NEW DELHI

ORDER PER AMIT SHUKLA, JUDICIAL MEMBER:

The aforesaid appeal has been filed by the revenue against impugned order dated 3.8.2015, passed by the Ld. CIT (Appeals)-3, New Delhi for the quantum of assessment passed u/s 153(C) for the A.Y. 2004-05. In the grounds of appeal the assessee has raised following grounds:- “1. On the facts and in the circumstances of the case and in law the order passed by the learned CIT (A) is erroneous and the learned CIT (A) has erred: i) In deleting the addition of Rs 30,00,000/- made by AO on account of income from undisclosed source Page 1 of 3 ii) In accepting unsubstantial explanation that Rs.30.00 lakhs was being sent for purchase of property lacking the details of asset/property or whether it was ultimately purchased for the business purpose for which it was being acquired. iii) In examining the reasons for difference of explanation given before AO and CIT (A).

2. The appellant craves, leave or reserving the right to amend modify alter, add or forego any grounds of appeal at any time before or during the hearing of this appeal.”

2. At the outset, it was noticed that the tax effect on the disputed issue is less than Rs. 10 lakhs. The ld. CIT DR fairly admitted that the tax effect is below Rs. 10 lakhs and therefore, as per the CBDT Circular No. 21/2015 dated 10.12.2015 wherein it has been instructed that the revenue should not prefer any appeal before the Tribunal having tax effect is less than of Rs. 10 lakhs.

3. In view of the aforesaid fact that the tax effect on the disputed amount in the appeal filed by the revenue is below of Rs. 10 lakhs, therefore, the appeal of the revenue is dismissed in-limine on the grounds of non-maintainability as per the instruction of CBDT circular (supra). It has been further clarified by the same circular that the said instructions for not filing of appeals below the prescribed monetary will apply on all the pending appeals.

Order pronounced in the open court on 01.08.2017.