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Income Tax Appellate Tribunal, DELHI BENCH: ‘G’ NEW DELHI
Before: SH. BHAVNESH SAINI & SH.L.P.SAHU
PER BHAVNESH SAINI, JUDICIAL MEMBER This appeal by Revenue has been directed against the order of CIT(A)-XII, New Delhi dated 17.05.2012 for AY 2003-04, challenging the cancellation of penalty of Rs.7,67,927/- u/s 271(1)(c) of the I.T.Act, 1961.
We have heard Ld. representatives of both the parties.
The CBDT vide Circular No.21/2015 dated 10.12.2015 has decided that the appeal shall not be filed before the Appellate Tribunal in cases where the tax effect does not exceed mandatory limit of Rs.10 Lacs. The Circular would apply to all pending appeals as well. Admittedly in the department appeal, the tax effect is less than Rs.10 Lacs. Therefore, the departmental appeal is not maintainable as was filed in violation of above both circulars.
Ld. DR in view of the above, did not press the department appeal. We may also note that the department would not fall in exception provided in the above Board Circular.
In view of the above, the departmental appeal is dismissed. The order is pronounced in the open court on 07th of April, 2017.