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Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SHRI A.K. GARODIA, AM
आदेश / O R D E R PER A. K. GARODIA, A. M:
This appeal is filed by the revenue and it is directed against the order of Commissioner of Income Tax (Appeals)-29, Mumbai (Hereinafter called as the CIT(A) ) dt. 25/04/2014 for assessment years 2005-06.
At the very outset, it was submitted by the Ld. AR of the assessee that this appeal of the revenue is not maintainable because of low tax effect in the light of the recent board instruction dt. 10/12/15 as per which, it is specified that the revenue is not supposed to file any appeal before the tribunal where the tax effect is below Rs. 10 Lacs.
ITA 4679/MUM/2014 Assessment Year: 2005-06 3.
Thereafter, he pointed out that this instruction are applicable to pending appeals also as specified in the instructions itself. Thereafter, pointed out in the present case, the assessed income is below Rs. 10 Lacs, and therefore, the tax effect is bound to be much below Rs. 10 Lacs. Ld. DR of the revenue had nothing to say.
2. I have considered the facts of the present and I find that in view of the recent board instruction dt. 10/12/2015, this appeal of the revenue is not maintainable because of low tax effect since in the present case, the assessed income itself is below Rs. 10 Lacs. Therefore, tax effect on account of relief granted by the Ld. CIT(A) cannot be more than Rs. 10Lacs.
Hence, I hold that the appeal of the revenue is not maintainable because of low tax effect.
In the result, appeal of the revenue is dismissed.
Order pronounced in the open court on 22nd December, 2015