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Income Tax Appellate Tribunal, MUMBAI BENCHES “E”, MUMBAI
Before: SHRI SANJAY ARORA (AM) & SHRI RAM LAL NEGI (JM)
This appeal has been filed by the revenue against order dated 26/06/2012 passed by the Ld CIT(A)-34, Mumbai for the assessment year 2008-09.
The revenue has challenged the impugned order on following effective ground:-
On the facts in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 10,55,925/- made by the AO on account of transport charges u/s 40(a)(ia), without appreciating that the assessee should have deducted TDS in accordance with the provisions of section 194 of the I.T.Act, 1961.
3 At the outset, the Ld. Counsel for the assessee submitted that the addition involved in this case (on record on account of transport charges u/s 40(a)(ia) of the Income Tax Act, 1961) is Rs. 10,55,925/-tax effect in this case is below 10 Lakhs 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 23rd May, 2016