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Income Tax Appellate Tribunal, MUMBAI BENCHES “F”, MUMBAI
Before: SHRI B.R.BASKARAN (AM) & SHRI RAM LAL NEGI (JM)
The aforesaid appeal has been filed by the Revenue against impugned order dated 26/04/2012 passed by the CIT(A)-7, Mumbai in respect of the order of assessment passed u/s 143(3) for the assessment year 2009-10, on the following grounds:-
1. “Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A)was justified in deleting the disallowance of rent expenses of Rs. 29,37,000/- made by the AO without appreciating the fact that the assessee has not produced any documentary evidences viz. leave and licence agreement etc. during the course of assessment as well as appellate proceedings.”
2. “The appellant prays that the order of the CIT(A) on the above ground 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. 29,37,000/- and the tax effect on this amount is 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.