DCIT 3(2), MUMBAI vs. M. VISVESWARAYA INDUSTRIAL RESEARCH & DEVELOPMENT CENTRE, MUMBAI

आदेश / O R D E R Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 03/12/2013 of the Ld. First Appellate Authority, Mumbai, on the grounds stated in the grounds of appeal

2. During hearing of this appeal, none was present for the assessee, in spite of the fact that the registered AD notices were sent to the assessee. Under the circumstances, we have no option but to proceed ex-parte, qua the assessee and tend to dispose off this appeal on the basis of material available on record. At the outset, it was brought to our notice that the tax effect in the present appeal is below prescribed monetary limit. This factual matrix was not controverted by the ld. DR, Ms. Rama Priya Raghavan.

2.1. We have considered the submissions of Ld. DR and perused the material available on record. In view of the above, it is noted that the tax effect in the present appeal is below prescribed limit of Rs.10 lakh for filing the appeal before the Tribunal, as contained in CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc. /142/2007-IT(PT), applicable with retrospective effect, wherein, the Department was advised/directed by the Board not to file appeal in the cases where the tax effect does not exceed the following monetary limit.:-

3 M/s Visveswaraya Industrial Research & Development Centre Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No.