ASST CIT CIR 2, THANE vs. SOHANLAL M. JAIN, THANE

The captioned appeal by revenue for Assessment Year [AY] 2005-06 contest the order of the Ld. Commissioner of Income-Tax (Appeals)-II [CIT(A)], Mumbai, Appeal No. THN/CIT(a)-II/Wd-2(1)/Thn/263/2009-10 dated 01/07/2013 qua certain relief provided to the assessee. The ITA.No.5741/Mum/2013 Sohanlal M Jain Assessment Year-2005-06 assessment for impugned AY was framed by Ld. Income Tax Officer, Ward-2(1), Thane [AO] u/s 143(3) read with Section 263 of the Income Tax Act, 1961 on 24/12/2009.

Facts leading to the same are that the assessee being resident individual was assessed u/s 143(3) read with Section 263 where the income of the assessee was enhanced by Rs.44,64,075/-. The assessee contested the same with partial success before Ld. CIT(A) vide impugned order dated 01/07/2013 where the quantum additions were restricted to Rs.20,76,291/- and the assessee was provided with relief of Rs.23,87,783/- by Ld. CIT(A). Aggrieved, the revenue is in further appeal before us.

The Ld. Counsel for Assessee [AR], at the outset, drew our attention to the fact that the tax effect of the additions being contested by the revenue is less than Rs.10 Lacs and the same is covered by low tax effect Circular No. 21/2015 dated 10/12/2015 issued by CBDT. The working of ‘Tax Effect’ within the meaning of said circular has been placed before us which was confronted to Ld. DR. The Ld. DR fairly conceded the same and could not point out any exceptions / restrictions as given in the said circular.

We have gone through the same. As per the cited circular, new guidelines of monetary limit for filing of appeals by the Department has been issued, whereby the tax effect for filing of appeal before the ITAT has been prescribed at minimum of Rs.10 Lakhs. In the said Circular, it has been specifically clarified that the said instruction will apply retrospectively to all the pending appeals. The said proposition has also been confirmed by Hon’ble Supreme Court in the recent judgment titled