IN INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D , MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA No.7450/M/2014 Assessment Year: 2008-09 Income Tax Officer 17(3)(1), M/s. R. Natwarlal Parekh, Room No.122, 55/6, Raj Baug Estate, Vs. st Aayakar Bhavan, 1 Floor, Tambakanta, M.K. Road, Mumbai 400 021 Mumbai - 400020 PAN: AAFFR8461H (Appellant) (Respondent) Present for: Assessee by : Ms. Lavanya Rajpurohit, A.R. Revenue by : Shri V. Tripathi, D.R. Date of Hearing : 05.10.2016 Date of Pronouncement : 05.10.2016 ORDER Per Sanjay Garg, Judicial Member: present appeal has been preferred by Revenue against order dated 29.09.2014 of Commissioner of Income Tax (Appeals) relevant to assessment year 2008-09. 2. At outset, Ld. D.R. has submitted that tax effect involved in this appeal is less than Rs. 10 lacs and CBDT Circular No. 21/2015 is applicable to this appeal, hence, this appeal be dismissed as not pressed in terms of CBDT circular no 21/2015 dated 10/12/2015. 3. CBDT vide Circular dated 10/12/2015 (supra) has revised monetary limits for filing of appeals by Department before Tribunal and further vide Para 10 of said circular it has been clarified that said circular is applicable retrospectively to pending appeals also. relevant portion of circular dated 10/12/2015 (supra) is reproduced below:- 3.Henceforth appeals/SLPs shall not be filed in cases where tax effect does not exceed monetary limits given hereunder:- ITA No.7450/M/2014 2 M/s. R. Natwarlal Parekh Sl. No. Appeals in Income-tax matters Monetary Limits (In Rs.) 1. Before Appellate Tribunal 10,00,000 2. Before High Court 20,00,000 3. Before Supreme Court 25,00,000 .......................................................................................................................... 4. For this purpose, "tax effect" means difference between tax on total income assessed and tax that would have been chargeable had such total income been reduced by amount of income in respect of issues against which appeal is intended to be filed (hereinafter referred to as "disputed issues"). However tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In case chargeability of interest is issue under dispute, amount of interest shall be tax effect. In cases where returned loss is reduced or assessed as income, tax effect would include notional tax on disputed additions. In case of penalty orders, tax effect will mean quantum of penalty deleted or reduced in order to be appealed against. 8. Adverse judgments relating to following issues should be contested on merits notwithstanding that tax effect entailed is less than monetary limits specified in para 3 above or there is no tax effect: (a)Where Constitutional validity of provisions of Act or Rule are under challenge, or (b)Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in case has been accepted by Department, or (d)Where addition relates to undisclosed foreign assets/ bank accounts. 9. monetary limits specified in para 3 above shall not apply to writ matters and direct tax matters other than Income tax. Filing of appeals in other Direct tax matters shall continue to be governed by relevant provisions of statute & rules. Further, filing of appeal in cases of Income Tax, where tax effect is not quantifiable or not involved, such as case of registration of trusts or institutions under section 12A of IT Act, 1961, shall not be governed by limits specified in para 3 above and decision to file appeal in such cases may be taken on merits of particular case. 10. This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below specified tax limits in para 3 above may be withdrawal not pressed. Appeals before Supreme Court will be governed by instructions on this subject, operative at time when such appeal was filed. ITA No.7450/M/2014 3 M/s. R. Natwarlal Parekh (underlined for emphasis by us) 4. tax effect in dispute in captioned appeal is stated to be below monetary limit of Rs.10.00 lacs as specified in CBDT Circular dated 10/12/2015 (supra). Ld. DR has not brought out any material to suggest that captioned appeal is protected by any of circumstances prescribed in Para-8 of Circular dated 10/12/2015 (supra). He therefore has stated that in view of above circular of CBDT, captioned appeal be treated as withdrawn/not pressed. Hence, without going into merit of issues raised in present appeal, this appeal is treated as dismissed as withdrawn/not pressed as its filing being in contravention of CBDT Circular dated 10/12/2015(supra) read with section 268A of Income Tax Act. Order pronounced in open court on 05.10.2016. Sd/- Sd/- (Ashwani Taneja) (Sanjay Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated:17.10.2016. * Kishore, Sr. P.S. Copy to: Appellant Respondent CIT, Concerned, Mumbai CIT (A) Concerned, Mumbai DR Concerned Bench //True Copy// [ By Order Dy/Asstt. Registrar, ITAT, Mumbai. Income-tax Officer–17(3)(1), Mumbai v. M/s. R. Natwarlal Parekh