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Income Tax Appellate Tribunal, MUMBAI BENCHES “F”, MUMBAI
Before: SHRI JASON P. BOAZ (AM) & SHRI SANDEEP GOSAIN (JM)
The aforesaid appeal have been filed by the Revenue against the impugned orders dated 11/10/2012, passed by the CIT(A)-35, Mumbai in respect of the order of assessment passed u/s 144 of the Income Tax Act, 1961 for the assessment years 2009-10 on the following grounds:- i) "On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in restricting the addition to Rs. 19,37,319/- unexplained cash credit u/s 68 instead of Rs. 45,32,523/- without giving any basis for arriving at such a figure.” ii) “On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in arriving at a figure of Rs. 19,17,913/- on the basis of recast Trading & Profit & Loss a/c filed by the appellant without giving an opportunity to the A.O. to examine the additional evidence produced by the assessee in violation of provisions of Rule 46A of the I.T.Rules, 1962”. iii) “On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in accepting assessee’s version that cash withdrawal from undisclosed bank is for the purpose of purchases etc. without verifying its implication under the provisions of Section 40A(3) of the I.T.Act-1961.” iv) “On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting an amount of Rs.2,00,000/- as unexplained investment without bringing anything on record nor giving any cogent reasons for doing so.” v) “The appellant prays that the order of the Ld.CIT (A) on the above ground be set aside and that of the AO’ be restored.” vi) “The appellant craves leave to amend or alter any ground or add a new ground.”
At the outset, it is noticed that, the disputed issue in this appeal is only Rs. 25,88,934/- and the tax effect on this amount is much below the specified monetary limit of Rs. 10 lakhs. As per the latest CBDT Circular No. 21 of 2015, dated 10th December, 2015, new guidelines of monetary limit for filing of appeals by the Department has been issued, whereby the tax effect for filing of appeal before the ITAT has been prescribed at Rs. 10 lakhs. In the said Circular, it has been specifically clarified that the said instruction will apply retrospectively to all the pending appeals. Accordingly, the appeal filed by the revenue is not maintainable and are dismissed in limine.
Order pronounced in the open court on 03rd March, 2016