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Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
Before: SHRI R.C.SHARMA (AM) & SHRI RAM LAL NEGI (JM)
This appeal has been filed by the revenue against order dated 09/11/2012 passed by the Ld CIT(A)-3, Mumbai for the assessment year 2009-10.
The revenue has challenged the impugned order on following effective grounds of appeal:-
1. On the facts and in the circumstances of the case and in law, whether the Ld. CIT(A) was justified in deleting the disallowance made by the A.O. on account of depreciation of motor car @ 50% claimed by the assessee.
2. On the facts and in the circumstances of the case and in law, whether the Ld. CIT(A) was justified in not appreciating that item III(2) of depreciation table pertains to motor cars other that those used in the business of hire, which is applicable to the facts of the instant assessee and item III(3) (via) of the depreciation table is applicable to new commercial vehicles that are used for the business of hire.
3. The appellant prays that the order of the Ld. CIT(Appeals) on the above grounds be set aside and that of the Assessing Officer be restored.
We noticed 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 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 2nd June, 2016