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Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
आदेश / O R D E R
PER CN PRASAD, JM :
The appeal filed by the revenue is directed against the order dated 31.03.2015, passed by the Ld. CIT (Appeals)-25, Mumbai, for the assessment year 2010-11.
At the outset, the Ld. Counsel for the Assessee submitted that the tax effect in this revenue’s appeal is less than Rs.10 lakhs and therefore in view of CBDT
Shri Prashant Kantilal Lathia Circular No. 21/2015 dated 10.12.2015, the appeal is not maintainable. The Ld. DR fairly submits that the tax effect is less than Rs.10 lakhs.
We found that as per the recent Circular No.21/2015, dated 10.12.2015, issued by the CBDT, the monetary limit has been revised for filing of appeal before ITAT by the revenue fixing the tax effect limit of Rs.10 lakhs. In the instant case, the tax effect is below Rs.10 lakhs, therefore the appeal of the revenue is not maintainable and liable to be dismissed in limine. This Circular is retrospective and applicable to the pending appeals also.
Considering the above CBDT Circular, we found that this appeal of the revenue is not maintainable as the tax effect in this appeal is below Rs.10 lakhs. Accordingly, we dismiss the appeal of the revenue.
In the result, appeal of revenue is dismissed.
Order has been pronounced in the Open Court on 21st February 2017.