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Income Tax Appellate Tribunal, MUMBAI BENCH “H”, MUMBAI
Before: SHRI G.S.PANNU & SHRI PAWAN SINGH
ORDER PER G.S.PANNU,A.M:
The captioned appeal filed by the Revenue pertaining to assessment year 2010-11 is directed against an order passed by CIT(A)-3, Mumbai dated 24/10/2016, which in turn arises out of an order passed by the Assessing Officer under section 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short ‘the Act’) dated 30/09/2014.
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 appeal is 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, Ld. Departmental Representative appearing for the Revenue was required to state her position; she has not referred to any material which would show that the captioned appeal is 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Without going into the merit of the issues raised in the captioned appeal, this appeal is deemed to be withdrawn/not pressed as it’s filing is in contravention of the CBDT Circular dated 11/07/2018(supra). Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para – 10 of the Circular (supra).