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Income Tax Appellate Tribunal, DELHI BENCH “F”: NEW DELHI
Before: SH BHAVNESH SAINI & SHRI PRASHANT MAHARISHIDr. SP Mukherjee Civic Centre,
O R D E R PER PRASHANT MAHARISHI, A. M. 1. This is an appeal filed by the revenue against the order of the ld CIT(A)-XXVI, new Delhi dated 22.02.2013 for the Assessment Year 2009-10. 2. The revenue has raised the following grounds of appeal:- “1. The ld CIT(A) has erred in deleting the addition of Rs. 1467000/- made by AO on account of unexplained cash deposit in bank.
2. The ld CIT(A) has erred in deleting the addition of Rs. 182359/- on account of unexplained purchase of Rs. 766061/- made by AO on account of unsubstantiated expenses.
3. The ld CIT(A) has erred in deleting the addition of Rs. 2444/- made by AO on account of unexplained cash in hand, Rs. 3682111/- on account of unexplained investment and Rs. 595000/- on account of unexplained loan and advances given.”
3. At the outset of the hearing itself, the ld. DR brought to our attention that CBDT vide Circular No.21/2015 dated 10th December, 2015 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.10 lakhs. Therefore, he pleaded that the appeal of the revenue be decided as per the instruction of the CBDT. Ld AR also reiterated same facts.
4. We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 10.12.2015 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High
Page 2 of 2 Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :- Sl.No. Appeals in Income-tax matters Monetary Limit(in Rs.) 1. Before Appellate Tribunal 10,00,000 2. Before High Court 20,00,000 3. Before Supreme Court 25,00,000 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”