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Income Tax Appellate Tribunal, “D” BENCH, KOLKATA
Before: Shri Partha Sarathi Choudhary, JM & Dr.A. L. Saini, AM)
O R D E R
Per Dr. A. L. Saini, AM
The captioned appeal filed by Revenue pertaining to A.Y. 2009-10 is directed against an order passed by Ld. Commissioner of Income Tax (Appeals)- XIX, Kolkata, dated 11/03/2014, which in turn arises out of an order passed by Assessing Officer- Ward 33(3) Kolkata, ( the AO) under section 143(3) of the Income Tax Act, 1961 (in short, ‘the Act’) dated 30.09.2011.
At the outset, we have noticed that the tax effect in the appeal of the revenue is below Rs.10 lakhs, therefore, the same 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.
2 Anita Sharma, AY 2009-10 3. 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. 4. In the result, appeal of the Revenue is dismissed Order has been pronounced in the Open Court.