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Income Tax Appellate Tribunal, “E” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY & SHRI RAMIT KOCHAR
Instant appeal of the Department is directed against the order dated 5th Nov 2013, passed by the learned Commissioner (Appeals)– 24, Mumbai, for the assessment year 2009–10. Sole dispute in the present appeal is with regard to the direction of learned Commissioner (Appeals) in deleting the addition made by the Assessing Officer on account of foreign travel expenses amounting to ` 12,56,119.
2 M/s. Tayabi Tags
At the very outset, both the parties agreed before us that the tax effect pertaining to the amount disputed by the Department is less than the monetory limit of ` 10 lakh fixed by the CBDT in Circular no.21 of 2015 dated 10th December 2015, in relation to appeal before the Income Tax Appellate Tribunal. Taking into consideration the aforesaid submissions of the parties and also finding that the CBDT circular under reference applies retrospectively, even to pending appeals, we dismiss the appeal of the Department as not maintainable.
In the result, appeal stands dismissed. Order pronounced in the open Court on 29.02.2016