DCIT, CIR-40, KOLKATA, KOLKATA vs. BALAJI AGRO INTERNATIONAL, KOLKATA

1. The appeal filed by the revenue is against the order of Ld. CIT(A)-12, Kolkata dated 26.03.2015 for AY 2009-10.

We note that during hearing, the appeal was argued on merits by both the parties ground wise. However, at the time of giving dictation, we note that the assessee declared total income of Rs.2,76,85,222/- and the AO u/s. 143(3) of the Act assessed it at Rs.3,00,16,168/-, which means the AO made addition of Rs. 23,30,946/- which has been deleted by the Ld. CIT (A) against which department is in appeal before us. So we note that the tax effect for deletion of Rs 23,30,946/- is below Rs 10 lakhs and resultantly the appeal of the revenue falls in the ken of the CBDT Circular no. 21/2015 dated 10.12.2015, wherein the CBDT has directed the department to withdraw/not press the appeal if the tax effect is less than Rs. 10 lacs before the ITAT. On perusal of the Circular No. 21 / 2015 dated 10.12.2015 and the materials available on record, we find that the revenue’s case does not fall under any of the exception clause as provided in the circular, as this is covered. We also find that the Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We find that the Circular is binding on the tax authorities. This position has been confirmed by the Hon’ble Apex Court in the case of Commissioner of Customs vs Indian Oil Corporation Ltd reported in 267 ITR 272 (SC). Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No.21 / 2015 dated 10.12.2015. Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as unadmitted, without going into the merits of the case. In case the revenue later finds that the tax effect is more than Rs. 10 lakhs then it is at liberty to move appropriate application to recall this order. With this Caveat, we are inclined to dismiss this appeal of the revenue on the ground that it is below the tax effect of less than Rs.10 lakh.

In the result, appeal of revenue is dismissed.