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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO, AM & SHRI AMARJIT SINGH, JM
Assessee by: Shri Jitendra Singh Department by: Ms. R.M.Madhvi सुनवाई क� तार�ख / Date of Hearing: 16.12.2015 घोषणा क� तार�ख /Date of Pronouncement: 16.12.2015 आदेश / O R D E R PER AMARJIT SINGH, JM:
This appeal filed by the Revenue on 01.03.2013 is against the order of learned CIT(A) 35, Mumbai dated 14.12.2012 for the assessment year 2007-08.
At the outset, learned Counsel for the assessee mentioned that the tax effect involved in this appeal is below Rs.10 lakhs and therefore, this appeal is not maintainable. In support of this he submitted the working of the tax effect which is Rs.5,05,124/-. In support of his argument, he brought our attention to the recently issued CBDT Circular No.21/2005, dated 10.12.2015 and submitted that the appeals filed by the Revenue with a tax effect of Rs.10 lakhs and below are to be either dismissed by the Tribunal as not maintainable or not Assessment Year: 2007-08 pressed by the Revenue. Referring to the above mentioned Board Circular No.21/2015, learned Counsel for the assessee brought our attention to para 10 and submitted that the said monetary limitation of Rs.10 lakhs applies to all the appeals filed by the Revenue retrospectively. Considering the significance of the said para 10 of the CBDT Circular (Supra) is extracted as under:-
10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn/ not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed.
Considering the above, the appeal filed by the Revenue, wherein the tax effect is below the above stated tax limit of Rs.10 lakhs, is dismissed as not maintainable.
In the result, appeal of the Revenue is dismissed.