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Income Tax Appellate Tribunal, ‘A’ BENCH : BANGALORE
Before: SHRI. CHANDRA POOJARI & SMT. BEENA PILLAI
PER BEENA PILLAI, JUDICIAL MEMBER Present cross appeals have been filed by assessee as well as revenue against order dated 13/01/16 passed by Ld. DCIT, Circle – 6(1) (1), Bangalore for assessment year 2010 – 11.
The Ld. CIT DR vide her letter filed today in court submits that in revenue appeal, tax effect pertaining to the amount disputed by the Revenue is less than monetary limit of Rs.50 lakhs (i.e. Rs. 45,51,180/-) fixed by CBDT in Circular No.17/2019, dt.08.08.2019, which is in supersession of its Circular No. 03/2018, dt.11.07.2018 and Amendment dated 20.08.2018, in relation to filing of appeals before the Income Tax Appellate Tribunal. She placed reliance on letter for showing appeal is below monetary limit. Taking into consideration the above, and also the fact that CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeals filed by the Revenue are not maintainable and liable to be dismissed in limine.
Cross Objection filed against the same order it becomes as infructuous.
As above appeal of Revenue is dismissed as withdrawn, Cross Objection by assessee stands dismissed as infructuous. Accordingly, both revenue as well as assessee’s appeal stands dismissed.
Page 3 of 3 IT(TP)A 338/Bang/2015 & CO 117/Bang/2015 A. Y: 2010 – 11 In the result appeal by revenue as well as assessee stands dismissed.
Order pronounced in the open court on 25th February, 2020.