IN INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER ITA Nos. 1759 & 1760/Ahd/2013 Assessment Year : 1997-98 & 1998-99 DCIT, Shri Ramesh L. Shah, Circle-9, Vs 2, Krishna Appts, Ahmedabad Ambawadi, Ahmedabad PAN : AFQPS 2500 E (Appellant) (Respondent Revenue by : Smt. Sonia Kumar, Sr. DR Assessee by : None Date of Hearing : 06/10/2016 Date of Pronouncement: 07/10/2016 O R D E R These two appeals by Revenue are directed against separate orders of Commissioner of Income-Tax (Appeals)-XV, Ahmedabad of even dated 25.03.2013 for Assessment Years 1997-1998 & 1998-1999 respectively. 2. Revenue has taken following grounds in its appeals:- AY : 1997-1998 ld. Commissioner of Income-Tax (Appeals)-XV, Ahmedabad has erred in law and on facts in deleting addition of Rs.11,00,000/- made on account of unsecured loan u/s 68 in respect of loan from Shri Janakbhai Barot for Rs.6,60,000/- & Rs.4,50,000/- in respect of loan from M/s Ramvijay Chemicals for Rs.4,50,000/- only based on Affidavit from depositors without any corroborated evidence. AY : 1998-99 1. ld. Commissioner of Income-tax (Appeals)-XV, Ahmedabad has erred in law and on facts in deleting disallowance of expenses of Rs.19,25,614/- out of total disallowance of Rs.28,61,177/- on account of proportionate expenses. SMC-ITA Nos. 1759 & 1760/Ahd/2013 DCIT vs. Shri Ramesh L. Shah AY : 1997-98 & 1998-99 2 2. ld. Commissioner of Income-tax (Appeals)-XV, Ahmedabad has erred in law and on facts in deleting addition of Rs.89,387/- made on account of interest expenses on cash credit. 3. I have heard ld. Departmental Representative and perused material available on record. On perusing grounds of appeals raised by Revenue, I prima-facie find that tax effect in both these appeals is below Rs.10 lacs. As per announcement of Central Board of Direct Taxes (CBDT) dated 10.12.2015 (Circular No.21 of 2015), no Department appeals are to be filed against relief given by ld. CIT(A) before Income Tax Appellate Tribunal unless tax effect, excluding interest, exceeds Rs.10 lacs and it further states that instructions will apply retrospectively to pending appeals. Board has provided exemptions at clause (8) of Instructions wherein it has been provided that these instructions will not be applicable, if vires of any provisions has been quashed by impugned order or addition was made on some audit objections or addition relates to undisclosed foreign assets/bank accounts, etc. I prima-facie find that present cases do not fall within exemption clause and tax effect of both these appeals is below Rs. 10 lakhs. Therefore, these appeals of Revenue are not maintainable and hence dismissed. 4. In result, both appeals of Revenue are dismissed in limine. Order pronounced in Court on 7th October, 2016 at Ahmedabad. Sd/- R.P. TOLANI (JUDICIAL MEMBER) Ahmedabad; Dated 07/10/2016 *Biju T. ITAT, Ahmedabad (Dy./Asstt.Registrar) TRUE COPY BY ORDER, Guard file. 6. DR, ITAT, Ahmedabad 5. CIT(A) 4. Concerned CIT 3. Respondent. 2. Appellant 1. Copy of Order forwarded to : 3 AY : 1997-98 & 1998-99 DCIT vs. Shri Ramesh L. Shah SMC-ITA Nos. 1759 & 1760/Ahd/2013 DCIT, Circle-9, Ahmedabad v. Ramesh L. Shah