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Income Tax Appellate Tribunal, MUMBAI BENCHES “A”, MUMBAI
आदेश / O R D E R
Per Joginder Singh (Judicial Member) The Revenue is aggrieved by the impugned order dated 13/08/2012 of the Ld. First Appellate Authority, Mumbai.
During hearing of this appeal, Shri Ashish Jain, ld. counsel for the assessee, at the outset, brought to our notice that the tax effect in the appeal is below prescribed monetary limit. This factual matrix was not controverted by the ld. DR, Shri G.N. Makwana.
2.1. We have considered the rival submissions and perused the material available on record. It is noted that in this case, the tax effect is below prescribed limit of Rs.10 lakh, therefore, in view of, CBDT instruction No.21 of 2015, dated 10/12/2015 (F No.279/Misc./142/2007-IT(PT), with retrospective effect, wherein, the Board has advised/directed the Department not to file appeal in the cases where the tax effect does not exceed the following monetary limit.:-
Sl. Appeals in Income –tax matters Monetary Limit (in Rs.) No. 1. Before ITAT 10,00,000/- 2. U/s 260 A before Hon’ble High 20,00,000/- Court 3. Before Hon’ble Supreme Court 25,00,000/-
Considering the aforesaid instruction and the factual matrix that the tax effect is less than Rs.10,00,000/-, as admitted/canvassed by the representative from both sides, the appeal of the Revenue is dismissed as not maintainable. Finally, the appeal of the Revenue is dismissed as not maintainable. This Order was pronounced in the open court in the presence of ld. representatives from both sides at the conclusion of the hearing on 04/02/2016.