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Income Tax Appellate Tribunal, MUMBAI BENCHES “D”, MUMBAI
Before: SHRI G.S. PANNU (AM) & SHRI RAM LAL NEGI (JM)
O R D E R PER RAM LAL NEGI, JM These appeals have been filed by the revenue against the three orders dated 20.02.2017 passed by the Commissioner of Income Tax (Appeals)-30 (for short ‘the CIT(A), Mumbai, for the assessment year 2005-06, 2006-07 and 2007-08, whereby the Ld. CIT(A) has partly allowed the appeals filed by the assessee against the assessment orders passed u/s 143 r.w.s 254 of the Income Tax Act, 1961 (for short the ‘Act’). Since, all the three appeals pertain to the same assessee and the issues involved are identical, all the three appeals were clubbed, heard together and are being disposed of by this common order for the sake of convenience. Assessment Years: 2005-06, 2006-07 &b 2007-08
The CBDT, vide Circular No. 3/2018 dated 11.07.2018, has revised the monetary limit for filing of appeals by the Department before the Tribunal with retrospective effect. As pointed out by the Ld. counsel for the assessee/respondent, the tax effect in the aforesaid appeals are below the monetary limit of `20 lakhs specified in the CBDT Circular aforesaid.
In this background, the Ld. D.R. appearing for the Revenue was required to state his position, however, he has not referred to any material which would show that the captioned appeals are protected by any of the exceptions provided in para 10 of the CBDT circular (supra).
Without going into the merit of the issue raised, the captioned appeal is deemed to be withdrawn/not pressed as it’s filing is not in consonance with the CBDT circular dated 11.07.2018 (supra). Before parting we may clarify that if on a later date, the Revenue finds that filing of the appeal is protected by the exceptions provided in para 10 of the CBDT circular (supra), it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, if any, as per the extant law.
In conclusion, by applying the CBDT circular dated 11.07.2018 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/ not pressed.