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Income Tax Appellate Tribunal, “D” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, JM & SHRI N. K. PRADHAN, AM
सुनवाई क� तार�ख / Date of Hearing: 04/08/2016 घोषणा क� तार�ख /Date of Pronouncement: 04 /08/2016 O R D E R PER N.K.PRADHAN, AM:
Instant appeal by the Revenue is directed against the order dated 30/12/2013 passed by the learned CIT(A) -6, Mumbai for AY 2010-11. The ground raised by the Revenue is as follows:
“Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) justified in deleting reduction in the disallowance made by the AO u/s 80IA of the Income-tax Act, 1961 amounting to Rs. 12,97,794/- on the sale of water without appreciating the fact that the sale of water has no connection whatsoever with the infrastructure of the Jetty of the assessee company and therefore do not qualify for deduction under section 80IA.”
As could be seen, the only issue in dispute in the present appeal is deletion of disallowance of Rs. 12,97,794/- made by the Assessing Officer (AO) under section 80IA of the Income Tax Act, 1961 (the ‘Act’).
Both the learned Counsel for the parties aggreed before us that the tax effect pertaining to the amount disputed by the Revenue is less than the monetary limit of Rs. 10,00,000/- fixed by the CBDT in Circular No. 21 of 2015 dated 10/12/2015 in relation to appeal before the ITAT. Taking into consideration the aforesaid submissions of the parties 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.