ITO 20(1)(4), MUMBAI vs. FARIDA M.SHAMA, MUMBAI

This appeal by the revenue is arising out of order of CIT (OSD) (A)-32, Mumbai in Appeal No. CIT (A)-32/IT-79/17(3) (2)/2014-15 dated 28-04-2015. Assessment was framed by ITO -17(3) (2), Mumbai for the assessment year 2007-08 u/s 143(3) r. w. s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 18-03-2014.

At the outset, it is seen that assessed income in this Revenue’s appeal is Rs.20,34,460/- and net tax demand is Rs. 6,24,772/-. Hence, net tax effect in this appeal of revenue on the disputed additions made by AO and deleted by CIT (A), is less than Rs. 10 lacs.

During the course of hearing before me, the learned Counsel for the assessee, pointed out that in this case, the net tax demand is Rs.6,24,772/- and thus, 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 Counsel for the assessee but could not point out whether this case falls under any of the exception provided in the Circular.

I have heard the rival submissions and perused the material on record. I find from the records before me 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn/not pressed.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.”

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