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Income Tax Appellate Tribunal, MUMBAI BENCHES “A” MUMBAI
Before: SHRI MAHAVIR SINGH & SHRI N.K. PRADHAN
ORDER
PER N.K. PRADHAN, AM
This is an appeal filed by the Revenue. The relevant assessment year is 2010-11. The appeal is directed against the order of the Commissioner (Appeals)-21, Mumbai and arises out of order u/s 143(3) of the Income Tax Act, 1961 (the ‘Act’).
In the assessment order passed under section 143(3) of the Act, on 24.03.2013, the Assessing Officer (AO) has mentioned that the assessee filed his return of income for A.Y. 2010-11 on 30.07.2010 declaring total income at Rs. 5,20,02,995/-. We find that the total income assessed by the AO is also at Rs. 5,20,02,995/-
Both the learned counsels of the parties agreed before us that the tax effect in the instant appeal is less than the monetary limit of Rs. 10,00,000/- fixed by CBDT vide Circular No. 21 of 2015 dated 10.12.2015 in relation to appeal before the ITAT. We have seen that the monetary limits have been made applicable retrospectively by the CBDT in the said Circular as would be evident from the following extract:-
‘’10. 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 Pending appeals below the specified tax limits in para 3 above may be withdrawn / not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.’’
Taking into consideration the aforesaid submissions of the learned counsels and also finding that the CBDT Circular under reference applies retrospectively, even to pending appeals, we dismiss the appeal of the Revenue as not maintainable.
In the result, the appeal stands dismissed.
Order pronounced in the open court on 22/12/2016