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Income Tax Appellate Tribunal, “D” Bench, Mumbai
O R D E R Per Shamim Yahya (AM) :-
This appeal by the Revenue is directed against the order of learned CIT(A) dated 5.8.2016 and pertains to assessment year 2012-13.
The ground of appeal reads as under :- “On the facts and circumstances of the case ld. CIT(A) has erred in directing the Assessing Officer to allow the claim of deduction claimed by assessee of Rs. 66,86,557/- u/s. 10AA of the I.T. Act, 1961 in respect of profits arising out of trading activities, whereas the conditions laid down by this section have not been satisfied”.
At the outset it is noted that the tax effect is below the limit of Rs. 50 lakhs fixed by the CBDT vide latest circular No. 17/2019 dated 8.8.2019 for filing the appeal before the ITAT. Hence, this appeal by the Revenue is not maintainable. Learned Departmental Representative could not dispute that the tax effect is below the said limit.
2 M/s. Rialto Exim Pvt. Ltd.
Upon careful consideration, we find that as the tax effect is below the limit fixed by the CBDT for filing the appeals before the ITAT, this appeal by the Revenue is liable to be dismissed in limine.
Accordingly, the appeal stands dismissed as such.