What did the Tribunal hold?

The Tribunal considered CBDT Circular No. 21/2015, which mandates withdrawal or non-pressing of appeals with a low tax effect. Therefore, the appeal was dismissed.

The Revenue appealed against an order that deleted an addition of Rs. 19,55,930/- made on account of unexplained cash deposits. The net tax effect of the appeal was less than Rs. 10 lacs.

What were the issues?

Whether an appeal with a low tax effect should be withdrawn or not pressed as per CBDT circulars.

ITO vs Shri Ragesh C. Patel | ITAT Ahmedabad 2017

Income Tax Appellate Tribunal, AHMEDABAD “A” BENCH

Before: Shri S. S. Godara & Shri Amarjit Singh

For Respondent: Shri Prasoon Kabra, Sr. D.R

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH Before: Shri S. S. Godara, Judicial Member and Shri Amarjit Singh, Accountant Member ITA No. 2432 /Ahd/2014 Assessment Year 2011-12

The ITO, Shri Rajesh C. Patel, Wd. 8(4), 14, Tulsi Bunglows, Ahmedabad Vs Vandemataram City (Appellant) Road, Gota, Ahmedabad-382481 PAN: AGNPP3973C (Respondent)

Revenue by: Shri Prasoon Kabra, Sr. D.R. Assessee by: None Date of hearing : 06-09-2017 Date of pronouncement : 18-09-2017 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-

This Revenue’s appeal for A.Y. 2011-12, arises from order of the CIT(A)-XIV, Ahmedabad dated 02-06-2014, in proceedings under section 143(3) of the Income Tax Act, 1961; in short “the Act”.

The Revenue’s sole substantive ground challenges the lower appellate order deleting the addition made on account of unexplained

I.T.A No. 2432/Ahd/2014 A.Y. 2011-12 Page No 2 ITO vs. Shri Rajesh C. Patel

cash deposits of Rs. 19,55,930/-. There is no dispute that the net tax effect in the instant appeal is less than Rs. 10 lacs. We find that the Central Board of Direct Taxes; hereafter the ‘Board’ has issued the circular no. 21/2015 dated 10-12-2015 clearly envisaging therein that department’s pending appeals before the tribunal/high courts are to be withdrawn/not pressed as per the above stated circular. The same has been declared to be having retrospective effect in other words. We take into consideration the above stated Board’s circular and dismiss the instant appeal accordingly.

This Revenue’s appeal is dismissed as having low tax effect. Order pronounced in the open court on 18-09-2017

Sd/- Sd/- (S.S. GODARA) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 18/09/2017 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद

THE ITO, WARD-8(4), AHMEDABAD vs. SHRI RAGESH C. PATEL, AHMEDABAD

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