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Income Tax Appellate Tribunal, MUMBAI BENCHES “B”, MUMBAI
Before: SHRI R.C.SHARMA (AM) & SHRI RAM LAL NEGI (JM)
The aforesaid appeal has been filed by the Revenue against impugned order dated 15/06/2011 passed by the CIT(A)-9, Mumbai in respect of the order of assessment passed u/s 143(3) for the assessment year 2008-09, on the following grounds:-
1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 26,06,050/- from total purchases, on estimated basis, without appreciating the fact that the assessee has failed to submit details like item, value, quantity of opening and closing stock summary of RG-23 and PLA Register, though assessed
maintains ‘bin card’ but the same is hand written and remains unverifiable. 2. The appellant prays that the order of the CIT(A) on the grounds be set aside and that of the Assessing Officer be restored. 3. The appellant craves leave to amend or alter any ground or add a new ground that may be necessary.
At the outset, it is noticed that, the disputed issue is only for Rs. 26,06,050/- 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.