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Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI
Before: SHRI B.R.BASKARAN (AM) & SHRI RAM LAL NEGI (JM)
This appeal has been filed by the revenue against order dated 05/12/2012 passed by the Ld CIT(Appeals)-32, Mumbai for the assessment year 2009-10, whereby the Ld. CIT(A) allowed the appeal filed by the assessee against assessment order dated 26/12/2011 passed u/s 143(3) of the Income Tax Act, 1961.
2. The revenue has challenged the impugned order on following effective grounds:- 1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 13,92,000/- made by the A.O on account of interest received from Sardar Sarovar Nigam Board.
On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in not considering that the assessee had not transferred the amount of Rs. 13,42,286/- to the account of Ms. Rekha Pandhi till 18/02/2009.
3. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in not considering that the assessee had not disclosed the receipt of interest in her return of income through the same was credited in her bank account and TDS also claimed on the same.
At the outset, the Ld. Counsel for the assessee submitted that the tax effect in this case is below Rs.10,00,000/- and as per the CBDT Circular No. 21 of 2015, dated 10/12/2015, the present appeal is not maintainable.
The Ld. DR fairly admitted that the tax effect in department’s appeal is below Rs.10 Lakhs, We find that the issue raised in appeal does not fall under any of the exceptions specified in para 8 of the Circular. Since, it has been specifically clarified in the Circular aforesaid that the instruction will apply retrospectively to all the pending appeals; the present appeal filed by the revenue is not maintainable. We, therefore, dismiss the same in limine.
Order pronounced in the open court on 28th September, 2016