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Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI
Before: SHRI G.S.PANNU & SHRI RAM LAL NEGI
ORDER PER G.S.PANNU,A.M:
The captioned appeals filed by the Revenue pertaining to assessment years 2009-10 and 2008-09 are directed against separate orders passed by CIT(A)-12, Mumbai dated 28/02/2013, which in turn arise out of orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) dated 13/12/2011 and 31/12/2010 respectively.
(A.Y. 2009-10) (A.Y. 2008-09) 2. The CBDT vide Circular No. 3/2018 dated 11.07.2018 has revised the monetary limits for filing of appeals by the Department before the Tribunal with retrospective effect. The tax effect in dispute in the captioned appeals are stated to be below the monetary limit of Rs.20.00 lacs specified in the CBDT Circular dated 11.07.2018 (supra).
In this background, the Ld. Departmental Representative appearing for the Revenue was required to state his position; 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 circular (supra).
Without going into the merit of the issues raised in the captioned appeals, they are deemed to be withdrawn/not pressed as their filing is not in consonance with the CBDT Circular dated 11.07.2018 (supra). Before parting, we clarify here that if on a later date requisite material is brought to show that the appeals are protected by any of the exceptions prescribed in para 10 of the Circular (supra), then the Revenue shall be at liberty to approach the Tribunal for re-institution of appeals. The Tribunal shall consider such application in accordance with the extant law.