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Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI
Before: SMT DIVA SINGH & SHRI PRASHANT MAHARISHI
Assessee by : Sh. Abhishek Anand, Adv Revenue by: Sh. SK Jain, DR Date of Hearing 06/09/2016 Date of pronouncement 07/09/2016 O R D E R PER PRASHANT MAHARISHI, A. M.
This is an appeal filed by the Department and the cross objection filed by the assessee against the order dated 30.04.2010 of ld. CIT(A)-Faridabad for the Assessment Year 2002-03.
At the outset of the hearing itself, the ld. AR brought to our attention that CBDT vide Circular No.21/2015 dated 10th December, 2015 has decided that the revenue would not prefer an appeal before the Tribunal if the tax effect is less than Rs.10 lakhs. He has also filed the computation to show that the tax effect in this case is below Rs.10 lakhs. Therefore, he pleaded that the appeal of the revenue be dismissed as per the instruction of the CBDT and also submitted that the cross objection preferred by the assessee is not pressed.
Ld. DR was fair enough to admit the aforesaid factual position.
The ld AR also submitted that tax effect of the appeal of the revenue is below Rs. 10 lakhs and therefore is not maintainable. He further submitted that the cross objection filed by the assessee in the above appeal is also not pressed.
Page 2 of 3 5. We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 10.12.2015 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder :-