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Income Tax Appellate Tribunal, “A” BENCH, MUMBAI
Before: SHRI D T GARASIA & SHRI RAMIT KOCHAR
आदेश / O R D E R PER Ramit Kochar, Accountant Member :
This appeal filed by the Revenue is decided vide this order as the appeal is disposed of because tax effect in this appeal is less than Rs. 10 lacs as per the CBDT Circular No. 21/2015, F. No. 279/Misc.142/2007-ITJ (Pt) dated 10th December, 2015 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India.
ITA 4319/M/2015 2
The learned counsel for the assessee stated that the tax effect in this appeal is less than Rs. 10 lacs. The ld. D.R. also submitted and confirmed that tax effect involved in this appeal is less than Rs. 10 lacs and the CBDT Circular No. 21/2015 is applicable to this appeal and this appeal is not maintainable/not pressed in terms of CBDT circular no 21/2015 dated 10/12/2015. The ld. DR submitted that as per the latest CBDT Circular No. 21/2015, F. No. 279/Misc.142/2007-ITJ (Pt) dated 10th December, 2015 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India, no appeal shall be filed by the Revenue in respect of an assessment year or years in which the tax effect is less than the monetary limit specified in para 3 of the circular Para 3 of the Circular No. 21/2015
S No. Appeals in Income tax Monetary Limit matters (in Rs) 1 Before Appellate Tribunal 10,00,000/- 2 Before High Court 20,00,000/- 3 Before Supreme Court 25,00,000/- In the said circular vide para 10, it is stipulated that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/Tribunals. Pending appeals below the specified tax limits in may be withdrawn/not pressed.
Keeping in view the CBDT Circular No. 21/2015 dated 10th December, 2015 which is applicable from retrospective effect and is also applicable to pending appeals and also in view of DR stating before us that these appeal is now not maintainable/not pressed in view of the above CBDT Circular, we hold that the appeal covered by this order filed by the Revenue involving tax effect less than Rs. 10 lacs is not maintainable. The same is, therefore, dismissed at the threshold. However, the Revenue is at liberty to file an ITA 4319/M/2015 3 application for recall of this appeal if at any stage Revenue wants to agitate the matter in accordance with the provisions/clauses as contained in the afore-stated circular.