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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI N.K. PRADHAN
Instant appeal by the Revenue is directed against the order dated 10th January 2014, passed by the learned Commissioner (Appeals)–27, Mumbai, for the assessment year 2009–10.
We have considered the submissions of both the parties and perused the material available on record. As could be seen, the Assessing Officer has added an amount of ` 32,24,887 on account of alleged excess cash deposit. However, the learned Commissioner
2 Shri Digambar P. Muttepawar (Appeals), out of the total addition made by the Assessing Officer, sustained the addition to the extent of ` 3,91,013 thereby deleting the balance addition of ` 28,43,864. It has been stated before us that the tax effect on the amount of ` 2,84,864, disputed by the Revenue in the present appeal is below the monitory limit of ` 10 lakh fixed by the CBDT in Circular no.21 of 2015 dated 10th December 2015, in relation to appeal before the Income Tax Appellate Tribunal. Taking into consideration the aforesaid submissions of the learned Departmental Representative and also finding that the CBDT circular under reference applies retrospectively, even to pending appeals, we dismiss the appeal of the Department as not maintainable.
In the result, Revenue’s appeal is dismissed. Order pronounced in the open Court on 22.08.2016