IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE SHRI M. BALAGANESH (AM) AND SHRI RAM LAL NEGI (JM) ITA No. 4202/MUM/2018 Assessment Year: 2013-2014 ITO-21(2)(3), Shri Mohamed Anwar M Room No. 105, 1st Floor, Shethwala, Piramal Chambers, Parel, 75-77E Shirin Mansion Mumbai - 400012 Vs. Compound, L J Marg, Near Paradise Cinema, Mahim, Mumbai - 16 PAN: AAGPS3262A (Appellant) (Respondent) Revenue by : Shri J. Saravanan (CIT DR) Assessee by : Shri Bhupendra Shah (AR) Date of Hearing: 29/08/2019 Date of Pronouncement: 29/08/2019 ORDER PER RAM LAL NEGI, JM This appeal has been filed by revenue against order dated 26.03.2018 passed by Commissioner of Income Tax (Appeals)-32 (for short CIT(A), Mumbai, for assessment year 2013-14, whereby Ld. CIT(A) has partly allowed appeal filed by assessee against assessment order passed u/s 143 (3) of Income Tax Act, 1961 (for short Act ). 2. Aggrieved by order of Ld. CIT (Appeals), revenue has preferred this appeal before Tribunal on following effective grounds:- 1. Whether on facts and circumstances of case and in law, Ld. CIT (A) is justified in confirming addition of 10% of amount of Sundry Creditors of Rs. 83,33,782/- being difference between Opening Creditors Closing Creditors and deleting balance 2 ITA No. 4202/ MUM/2018 Assessment Year: 2013-14 40% without appreciating action of Assessing Officer in this regard. 2. Whether on facts and circumstances of case and in law, Ld. CIT (A) erred in not appreciating fact that Sundry Creditors who could not be verified by Assessing Officer, even after issue of notices u/s 133 (6) of Act (as these notices were either unserved or not replied to or where these parties were not produced by assessee before Assessing Officer) were correctly disallowed by Assessing Officer and added back as assessee s income u/s 41 (1) of Income Tax Act, 1961. 3. At outset, Ld. counsel for respondent/assessee pointed out that tax effect of relief granted by Ld. Commissioner of Income Tax (Appeals) is below Rs. 50 lacs and as per Circular No.17 of 2019 dated 08.08.2019 issued by Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India, CBDT has revised monetary limit for filing appeals before ITAT from existing limit of Rs. 20 lacs to Rs. 50 lacs. In light of aforesaid facts, Ld. counsel submitted that this appeal is not maintainable and liable to be dismissed. 4. Ld. Departmental Representative (DR) fairly admitted that this appeal is not maintainable in light of aforesaid Circular issued by CBDT, however, submitted that department may be given liberty to file miscellaneous application in case it is found that case falls under any of exceptions provided in Circular. 5. We have gone through impugned order passed by Ld. Commissioner of Income Tax (Appeals) and grounds of appeals. As pointed out by Ld. counsel, tax effect in this appeal is less than Rs. 50 lacs. Accordingly, we dismiss aforesaid appeal filed by Revenue as not maintainable/withdrawn. However, in case, it is found that case falls under any of exceptions provided in Circular, revenue is at liberty to file miscellaneous application for recalling order of Tribunal. 3 ITA No. 4202/ MUM/2018 Assessment Year: 2013-14 In result, appeal filed by revenue for assessment year 2013-2014 is dismissed. Order pronounced in open court on 29th August, 2019. Sd- Sd/- (M. BALAGANESH) (RAM LAL NEGI) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated: 29/08/2019 Alindra, PS /Copy of Order forwarded to : 1. / Appellant 2. / Respondent. 3. CIT(A)- 4. / CIT 5. DR, ITAT, Mumbai 6. / Guard file. / BY ORDER, True Copy (Dy./Asstt. Registrar) , / ITAT, Mumbai ITO-21(2)(3), Mumbai v. Mohamed Anwar M Shethwala