What did the Tribunal hold?

The Tribunal dismissed the appeal following the CBDT Circular No. 21/2015, which sets monetary limits for filing departmental appeals. Since the tax effect was below the prescribed limit, the appeal was not maintainable on merits.

The Revenue appealed against the CIT(A)'s order which restricted an addition on account of unexplained cash credit and deleted another addition on account of suppression of business receipts. The total demand as per the CIT(A)'s order was less than Rs. 10,00,000/-.

What were the issues?

Whether the Revenue's appeal is maintainable before the ITAT when the tax effect is below the monetary limits prescribed by the CBDT circular.

ITO vs Gunjan D. Mody | ITAT Mumbai 2015

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI SAKTIJIT DEY & SHRI N.K. BILLAIYA

Hearing: 22.12.2015Pronounced: 22.12.2015

PER N.K. BILLAIYA, AM:

This is an appeal filed by the Revenue directed against the order of the Ld. CIT(A)-35, Mumbai dated 15.9.2010 pertaining to assessment year 2006-07.

2. The grounds raised by the Revenue read as under:

“1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in restricting the addition made by the AO on account of unexplained cash credit to Rs.

9,71,700/- as against Rs. 12,50,700/- made in the assessment order, without appreciating the fact that the assessee has not been able to prove satisfactorily the source of cash deposits in his bank account.

2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 13,85,962/- on account of suppression of business receipts by applying the principle of telescoping without appreciating the fact that the assessee has not been able to prove that these receipts do not belong to him.”

3. Before going into the merits of the case, let us first consider CBDT’s latest instructions vide Circular No.21/2015 dated 10/12/2015, the relevant portion of which read as under:-

“ Circular No. 21/2015 F No 279/Misc. 142/2007-ITJ (Pt) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes New Delhi the 10th December, 2015

Subject: Revision of monetary limits for filing of appeals by the Department before Income Tax Appellate Tribunal and High Courts and SLP before Supreme Court - measures for reducing litigation - Reg –

Reference is invited to Board's instruction No 5/2014 dated 10.07.2014 wherein monetary limits and other conditions for filing departmental appeals (in Income-tax matters) before Appellate Tribunal and High Courts and SLP before the Supreme Court were specified.

In supersession of the above instruction, it has been decided by the Board that departmental appeals may be filed on merits before Appellate Tribunal and High Courts and SLP before the Supreme Court keeping in view the monetary limits and conditions specified below.

Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: -

S. Appeals in Income-tax Monetary Limit No matters (in Rs) 1. Before Appellate Tribunal 10,00,000/- 2. Before High Court 20,00,000/- 3. Before Supreme Court 25,00,000/-

It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”

In the case in hand, the total demand as per CIT(A)’s order is less than the amount of Rs. 10,00,000/-,which is below the monetary limits as mentioned in CBDT Circular dated 10.12.2015 (supra). Following the same, this appeal of the Revenue is dismissed.

Order pronounced in the open court at the time of hearing on 22nd December, 2015.

ITO 25(2)(4), MUMBAI vs. GUNJAN D. MODY, MUMBAI

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