ITO WD 3(2), THANE vs. DEEPAK B SHAH, DOMBIVALI

At the outset, the learned Counsel for the assessee pointed out that the tax effect in this appeal is below Rs.10.00 lacs. 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.

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/addition of Rs.22,58,960/- comes to Rs.7,13,850/- which is below Rs.10 lacs and therefore, in 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”

Considering the above, the appeal filed by the Revenue, is therefore, dismissed.

In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 19-09-2016.