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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 has been filed by the Revenue against the impugned order dated 26/03/2014 passed by the CIT(A)-30, Mumbai for the assessment year 2008-09, on the following grounds:-
1) "On the facts and under the circumstances of the case and in law, the learned CIT(A) erred in deleting the addition of Rs.21,22,973/- for A.Y. 2008-09 towards purchases without appreciating that the assessee was unable to produce documentary evidences in support of the purchases.”
2) The appellant prays that the order of the CIT(A) on the above ground be set side and that of the Assessing Officer be restored. 3) The appellant craves leave to amend or alter any ground or add a new ground which may be necessary.
At the outset, it is noticed that, the disputed issue is only for Rs.21,22,973/- 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 is dismissed in limine.
Order pronounced in the open court on 04th February, 2016