Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI CHANDRA MOHAN GARG & SHRI O.P.MEENA
आदेश /O R D E R
PER O.P.MEENA, ACCOUNTANT MEMBER
This appeal filed by the Revenue is directed against the order of Learned
Commissioner of Income-tax (Appeals)-I, Indore [in short CIT(A)] dated October, 03,2016
pertaining to Assessment Year 2009-10, which in turn has arisen from the order dated
passed by the ITO 2(4) Indore (in short “the AO” ) under section 143 (3) of Income Tax
Act,1961 ( in short ‘the Act’).
The ground raised by the Revenue relates to restricting addition tors 4,78,831/- on
account of Gross Profit addition and deletion of addition of Rs. 16,92,438/- made on account
of unexplained cash credit.
Shri Sachin Mohan Singh Tundele/ I.T.A. No.48/Ind/2017/A.Y.:09-10 Page 2 of 2
With respect to Revenue’s present appeal, the ld. Authorized Representative
submitted that the same needs to be dismissed on account of low tax effect in view of the
CBDT Circular No.21 of 2015 dated 10.12.2015.
The learned Sr. D.R. filed working of tax effect, according to which tax officer come
to Rs. 9,10,481/- hence, he has no objection to the facts.
We have heard and perused the material available on record. We find that prima-
facie this appeal of the Revenue is not maintainable in view of CBDT Circular No. 21/2015 in
F.No.279/Misc. 142/2007-ITJ (Pt) dated 10th December 2015, vide which it has been
provided that if the tax effect by virtue of the Commissioner of Income-tax (Appeals)’s order
is below Rs. 10 lacs, then that order would not be challenged before the Tribunal in further
appeal. The Board has provided exemptions at clause (8) of the Instructions wherein it has
been provided that these Instructions will not be applicable, if vires of any provisions has
been quashed by impugned order or addition was made on some audit objections or the
addition relates to undisclosed foreign assets/bank accounts, etc. We find that the present
case does not fall within the exemption clause and the tax is less than Rs.10 lacs. Therefore,
the present appeal is not maintainable and hence dismissed.
In the result, the appeal of the Revenue is dismissed.
The order Pronounced in the open Court on 23.03.2017.
Sd/- Sd/- (च��मोहन गग�) (ओ.पी.मीना) �या�यक सद�य लेखा सद�य (C.M. GARG) (O.P.MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER
�दनांक /Dated : 29th March, 2017/opm