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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: SHRI MAHAVIR SINGH, JM & SHRI RAJESH KUMAR, AM
O R D E R
PER RAJESH KUMAR, AM
The appeal filed by the revenue is directed against the order dated 22.11.2013, passed by the CIT(A)-35, Mumbai, for the assessment year 2010-11.
The first ground raised
by the revenue is in respect of deletion of addition of Rs.1,20,00,000/- made on account of provision for expenses.
3. At the time of hearing, the ld.DR did not press this ground hence dismissed as not pressed.
2 4. Since the revenue did not press ground no.1, the net tax effect remains in the issue raised in ground no.2 below Rs.10 lakhs, hence, the ground No.2 as well as the appeal is not maintainable as per the CBDT Circular No.21/2015, dated 10th December, 2015. We found that as per the recent Circular No.21/2015, dated 10th December, 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 same 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.