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Income Tax Appellate Tribunal, KOLKATA ‘A’ BENCH, KOLKATA
Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi
Date of concluding the hearing : January 08, 2016 Date of pronouncing the order : January 08, 2016
O R D E R Per Shri P.M. Jagtap:- This appeal is preferred by the Revenue against the order of ld. Commissioner of Income Tax (Appeals)-I, Kolkata dated 30.09.2010 for the assessment year 2007-08.
As noted, at the time of hearing, the tax effect involved in this appeal is below Rs.10,00,000/- and this position, which is manifest from the grounds raised by the Revenue as well as the maximum rate of tax of 20% applied by the Assessing Officer in the assessment order, is not disputed even by the ld. D.R. In Circular No. 21/2015 dated 10th December, 2015 recently issued by the CBDT, the monetary limit for filing the appeals by the Revenue before the Tribunal has been increased to Rs.10,00,000/- and as clarified in the said Circular, the said monetary ./2011 Assessment year: 2007-2008 Page 2 of 2 limit is applicable retrospectively even to the appeals pending before the Tribunal. The CBDT has also instructed that such pending appeals below this specified tax limit of Rs.10,00,000/- may be withdrawn/ not pressed. Keeping in view the instruction given by the CBDT vide Circular No. 21/2015 dated 10.12.2015, which is squarely applicable in the present case, the appeal filed by the Revenue in this case is treated as withdrawn/not pressed and dismissed accordingly.