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Income Tax Appellate Tribunal, “C” Bench, Mumbai
Before: Shri B.R. Baskaran (AM) & Shri Ramlal Negi (JM)
O R D E R Per B.R. Baskaran (AM) :
The Revenue has filed this appeal challenging the order dated 5.1.2017 passed by the learned CIT(A)-12, Mumbai and it relates to A.Y. 2009-10. The Revenue is aggrieved by the decision of the learned CIT(A) in deleting the addition of ` 52.32 lakhs made u/s. 50C of the Act.
The Learned AR submitted that the tax effect involved in this appeal is less than ` 20 lakhs and hence as per CBDT Circular No. 3/2018 dated 11.7.2018, the Revenue is precluded from pursuing this appeal.
The Learned DR, however, sought time to get certificate from PCIT/CIT concerned that the grounds urged in this appeal do not fall under any of the exception specified in the said circular. However, from the available material, learned DR could not point out that the issue contested in this appeal fall in any of the exceptions specified in the circular.
We have noticed that the tax effect involved in this appeal is less than Rs.20.00 lakhs and the issue contested herein also apparently does not fall in any of the exceptions specified in the Circular. Accordingly we dismiss the appeal of the revenue in limine. However, the revenue is given liberty to move miscellaneous application seeking recall of this order, if it is found that the issue contested in this appeal falls in any of the exceptions provided in paragraph 10 of the Circular.
In the result, the appeal of the revenue is dismissed. Order has been pronounced in the Court on 19.7.2018.