IN INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [Conducted through E-Court at Ahmedabad] BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER. ITA No. 224/Rjt/2015 (Assessment Year: 2005-06) Assistant Commissioner of Vs. M/s. Falcon Glaze Tiles Pvt. Income-tax, Morbi Circle, Ltd., Morbi 8/A, National Highway, At Dhuva, Tal- Wankaner PAN: AAACF4209M (Appellant) (Respondent) Appellant by : Shri Arvind N. Sontakke, Sr. D.R. Respondent by : Shri Ravi Tanna, A.R. Date of hearing : 06-10-2016 Date of Pronouncement : 07-10-2016 ORDER PER S. S. GODARA, JUDICIAL MEMBER This Revenue s appeal for A.Y. 2005-06, arises from order of CIT(A)-1, Rajkot, dated 11.02.2015 in appeal no. CIT(A) I/Rjt/T047/09-10, in proceedings under section 143(3) of Income Tax Act, 1961; in short Act . 2. Revenue s substantive grounds pleaded in instant appeal are as under: 1. On facts and circumstances of case and in law, Ld. CIT(A) has erred in deleting addition of Rs.3,17,068/- made on account of estimation of gross profit @ 10%. 2 ITA NO. 224/Rjt/2015 (ACIT vs. M/s. Falcon Glaze Tiles Pvt. LTd.) A.Y. 2005-06 2. On facts and circumstances of case and in law, Ld. CIT(A) has erred in deleting addition of Rs.9,72,841/- made on account of disallowance of depreciation of deferred revenue expenditure. 3. There is no dispute that net tax effect in instant appeal is less than Rs.10 lacs. We find that Central Board of Direct Taxes; hereafter Board has issued circular no. 21/2015 dated 10.12.2015 clearly envisaging therein that department s pending appeals before tribunal/high courts are to be withdrawn/not pressed as per above stated circular. same has been declared to be having retrospective effect in other words. We take into consideration above stated Boards circular and dismiss instant appeal accordingly. 3. This Revenue s appeal is dismissed as having low tax effect. [Pronounced in open Court on this 07th day of October, 2016.] Sd/- Sd/- (AMARJIT SINGH) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 07/10/2016 True Copy S.K.SINHA Copy of Order forwarded to:- 1. Appellant. 2. Respondent. 3. CIT (Appeals) 4. CIT concerned. 5. DR., ITAT, Ahmedabad. 6. Guard File. By ORDER Deputy/Asstt.Registrar ITAT, Rajkot Assistant Commissioner of Income-tax, Morbi Circle, Morbi v. M/s. Falcon Glaze Tiles Pvt. Ltd