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Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI CHANDRA POOJARI
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
Both the assessee and the Revenue have filed appeals against the order of the Commissioner of Income Tax (Appeals)-3, Chennai, dated 19.09.2013 and pertain to assessment year 2009-
We heard both the appeals together and disposing of the same by this common order.
There was a delay of 18 days in filing this appeal by the assessee. The assessee has filed a petition for condonation of delay. We have heard the Ld. representative and the Ld. D.R. We find that there was sufficient cause for not filing the appeal before the stipulated time. Therefore, we condone the delay and admit the appeal.
When the appeal of the assessee was taken up for hearing, the Ld. representative for the assessee submitted that he is not pressing the appeal and hence, the assessee may be permitted to withdraw the appeal. Accordingly, the appeal of the assessee is dismissed as withdrawn.
3 I.T.A. No.2253/Mds/13 4. Now coming to Revenue’s appeal, the only issue arises for consideration is with regard to relief given by the CIT(Appeals) to the extent of `15,07,000/-. The tax effect on this amount of `15,07,000/- is less than `10 lakhs. This Tribunal is of the considered opinion that in view of the latest Circular issued by the CBDT in Circular No. 21/2015 dated 10.12.2015, the Department was instructed to withdraw all the appeals pending before the Tribunal wherever the tax effect is less than `10 lakhs. In view of the above circular of CBDT, this Tribunal is of the considered opinion that the Revenue’s appeal is not maintainable. Hence, the appeal filed by the Revenue stands dismissed.
In the result, both the appeals filed by the assessee and the Revenue are dismissed.