ITO, NEW DELHI vs. SH. SHYAMVIR SINGH, DELHI

ORDER PER O.P. KANT, A.M.: This appeal by the Revenue is directed against the order of learned Commissioner of Income Tax(Appeals) dated 06.02.2013 in relation to assessment year 2008-09, raising the following grounds of appeal: i. On the facts and in the circumstances of the case, the learned Commissioner of Income Tax(Appeals) had erred in deleting the addition of Rs. 10,45,358/- (Rs. 11,07,000 – Rs. 61,642/-) made by the Assessing Officer on account of unexplained cash deposits in bank account. ii. The appellant craves leave to add, allow or amend any or all the ground of appeal before or during the course of hearing of the appeal.

2. We have heard both the parties and perused the relevant material on record. It is noticed that the CBDT has issued Circular No. 21 of 2015 dated 10.12.2015 with retrospective effect, revising 2 AY: 2008-09 the monetary limit to Rs.10,00,000/- for not filing appeals before the Tribunal. The ld. Sr. Departmental Representative, although supported the order of the Assessing Officer, but could not controvert the fact that tax effect involved in the appeal is less than Rs.10,00,000/-.

3. From para 10 of the above Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.10,00,000/-. Going by the prescription of the afore-noted Circular, we are of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit i.e. Rs. 10,00,000/- for not filing the appeal. Accordingly, we dismiss the instant appeal without going into merits of the case. However, the Department is at liberty to file the Miscellaneous Application, if the tax effect is more than the prescribed limited of Rs. 10 lacs or otherwise.