ITO WARD -20 (3) vs. ANJU JAIN,

Assessee by : Sh. SK Jain, DR Revenue by: None Date of Hearing 28/02/2017 Date of pronouncement 28/02/2017 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal filed by the Department is directed against the order of the ld CIT(A)-XXII, New Delhi dated 04/12/2007 for the Assessment Year 1999-2000. 2. The revenue has raised the following grounds of appeal:- “1. The ld CIT(A) erred in law and on facts in deleting the addition of Rs. 1929696/- made by the AO treating the credit entry as accommodation entry in the account of the assessee u/s 68 of the IT Act, 1961.

2. The ld CIT(A) erred in law and on facts in deleting the addition of Rs. 28945/- being the amount of commission paid to purchase the accommodation entry of Rs. 1929696/-.”

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 Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :-