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Income Tax Appellate Tribunal, IN THE INCOME TAX APPELLATE TRIBUNAL
Before: SHRI G.D. AGRAWALG.D. AGRAWAL & AND BEFORE SHRI G.D. AGRAWALG.D. AGRAWALSHRI SUDHANSHU SRIVASTAVASHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA
PER G.D. AGRAWAL, VP :- PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP The appeal by the Revenue and the cross-objection by the assessee are directed against the order of learned CIT(A)-XI, New Delhi dated 12th June, 2013.
At the time of hearing before us, nobody appeared on behalf of the assessee. The appeal of the Revenue and the cross-objection of the assessee are, therefore, being decided ex-parte qua the assessee on merits after hearing the arguments of learned DR.
2 ITA-5070/D/2013 & C.O. No.37/D/2014
We have heard the arguments of learned DR and have perused relevant material placed before us. It is observed that the tax effect in the present appeal of the Revenue is below `10 lakhs. As per Circular No.21/2015 dated 10th December, 2015, the CBDT has clearly laid down that the Revenue should not prefer appeals before the ITAT if the tax effect involved in the appeal, excluding interest, is less than `10 lakhs. In view thereof, the appeal filed by the Revenue is not maintainable and is dismissed.
Since we have already dismissed the appeal of the Revenue, the grounds raised by the assessee in its cross-objection, which are merely in support of the order of learned CIT(A), do not survive for adjudication. The same are, therefore, dismissed.
In the result, the appeal of the Revenue as well as the cross- objection of the assessee is dismissed. Decision pronounced in the open Court on 10.03.2016.