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Income Tax Appellate Tribunal, BANGALORE BENCH ‘ A ’
Before: SHRI JASON P BOAZ & SHRI LALIET KUMAR
O R D E R Per Shri Jason P Boaz, A.M. : This appeal at the instance of the Revenue is directed against the order passed by the Commissioner of Income Tax (Appeals)-4, Bangalore dt. 19.12.2014 for Assessment Year 2009-10.
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The learned Departmental Representative for Revenue submits that in this appeal, the tax effect pertaining to the amount disputed by the Revenue (i.e., Rs.36,63,629/- as per AO’s order dated 16.03.2017 giving effect to CIT(A)’s impugned order) is less than the monetary limit of Rs.20 lakhs fixed by the CBDT in Circular No.03/2018, dt.11.07.2018, which is in supersession of its Circular No.21/2015 dt.10.12.2015, in relation to filing of appeals before the Income Tax Appellate Tribunal. Taking into consideration the above, and also the fact that the CBDT Circular under reference applies retrospectively even to pending appeals, we hold that the above listed appeal filed by the Revenue is not maintainable and liable to be dismissed in limine.
In the result, the above appeal of the Revenue for Assessment Year 2009-10 is dismissed. Registry is directed to inform the parties accordingly.
Order pronounced in the open court on 24th April, 2019.
Sd/- Sd/- (LALIET KUMAR) (JASON P BOAZ) Judicial Member Accountant Member Bangalore, Dt. 24.04.2019. *NS
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