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Income Tax Appellate Tribunal, “SMC” Bench, Mumbai
Before: Shri B.R. Baskaran (AM)
The Revenue has filed this appeal challenging the order dated 31.8.2016 passed by the learned CIT(A)-42, Mumbai and it relates to A.Y. 2009-10.
At the time of hearing learned AR submitted that the only issue disputed by the Revenue relates to deduction claimed by the assessee u/s. 80IB of the Act to the tune of ` 3,81,891/-. He submitted that the tax effect involved in this appeal is less than ` 10 lakhs and hence, in view of the Circular No. 21 of 2015 dated 10.12.2015 issued by CBDT, the Revenue is precluded from pursuing this appeal.
Learned Departmental Representative did not dispute this factual aspect. Accordingly, I dismiss this appeal filed by the Revenue in limine as the tax effect involved in this appeal is less than ` 10 lakhs and the Revenue is precluded from pursuing this appeal as per Circular referred above.
In the result, appeal filed by the Revenue is dismissed.
Order has been pronounced in the Court on 3.5.2017.