ACIT, COIMBATORE vs. R.RAJENDRAN, SALEM

आदेश / O R D E R

PER D.S.SUNDER SINGH, ACCOUNTANT MEMBER:

These appeals are filed by the Revenue against the Orders dated 21.10.2016 of Commissioner of Income Tax (Appeals)-18, Chennai, in to 72/15-16 for the AYs 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13. to 169/Mds/2017 :-2-:

2.0 Delay:

The Revenue filed appeals with delay of three days and the Ld.AO filed the condonation petition explaining the reason for delay. We heard both the parties and condoned the delay.

3.0 The assessee made investments in shares and securities and received the dividend income which was claimed as exemption. The Assessing Officer disallowed the expenditure relating to the dividend income u/s.14A r/w Rule 8D of Income Tax Rules for the AYs as per the details given below:

Case No. AY Disallowance made (in Rs.) 2008-09 1,05,002 ITA No.166/Mds/2017 2009-10 1,72,949 ITA No.167/Mds/2017 2010-11 2,35,203 ITA No.168/Mds/2017 2011-12 3,36,894 ITA No.169/Mds/2017 2012-13 4,05,568

On hearing from the Ld.Departmental Representative, we find that the tax effect in the above appeals are less than Rs.10 lakhs. The CBDT in Circular No.21/2015 dated 10.12.2015 increased the monetary limit for filing appeal before this Tribunal from Rs.4 lakhs to Rs.10 lakhs. The CBDT further clarified that the Instruction dated 10.12.2015 will apply retrospectively to all the pending appeals before this Tribunal. The CBDT has also instructed its officers to withdraw the appeals pending before this Tribunal. In view of the above, this Tribunal is of the considered opinion to 169/Mds/2017 :-3-: that the Circular issued by the CBDT on 10.12.2015 is binding on the Department. Therefore, the appeal filed by the Revenue is not maintainable. Accordingly, the appeal of the Revenue is dismissed.

3.0 In the result, the above five appeals of the Revenue for the AYs 2008-09, 2009-10, 2010-11, 2011-12 & 2012-13 are dismissed.

Order pronounced in the Open Court on 28th April, 2017, at Chennai.