ASST CIT 19(2), MUMBAI vs. NANDISH CONSTRUCTION CO., MUMBAI

At the outset, it is seen that in AY 2010- 11 the relief allowed by CIT(A) on account of deletion of addition of bogus purchases is Rs. 4,20,986/- & disallowance of expenses is at Rs.17.51 lakhs. The net tax demand on this relief will be Rs.6,95,036/-. Similarly, in for the AY 2009-10 also the relief allowed by CIT(A) on account of deletion of disallowance of expenses is at Rs.17.51 lakhs. The net tax demand on this relief will be Rs.5,60,320/- Hence, net tax effect in these two appeals of Revenue on the disputed additions made by AO and deleted by CIT (A), is less than Rs. 10 lakhs in each. & 1186/Mum/2015 Nandish Construction Co.; AYs.09-10 & 10-11 3. During the course of hearing before us, the learned Counsel for the assessee, pointed out that in this case, in AY 2010-11 the net tax demand is Rs. 6,95,036/- and in AY 2009-10, the net tax demand is Rs. 5,60,320/- and in both the appeals the tax effect is below Rs.10.00 lakhs. The learned Counsel for the assessee further submitted that in view of the CBDT Circular No.21/2015, dated 10.12.2015 brought out by the Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, the appeal was not maintainable and be dismissed. The learned Sr. DR also agreed to the facts stated by the learned Counsel for the assessee but could not point out whether this case falls under any of the exception provided in the Circular. 4. We have heard the rival submissions and perused the material on record. We find from the records before us that the tax involved in the disputed issue is below Rs.10 lacs and therefore, in view of the circular No. 21/2015 dated 10th December, 2015 no appeal should be filed by the Revenue before the Tribunal which has tax effect of Rs. 10.00 lacs or less and this circular is also applicable retrospectively to all pending appeals. The relevant extract the said CBDT Circular (Supra) is as under: - “This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.” 5. Considering the above, both the appeals filed by Revenue are therefore, dismissed. 6. In the result, both the appeals of Revenue are dismissed. Order pronounced in the open court on 28-02-2017.