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Income Tax Appellate Tribunal - Delhi

Mayur Electrical Industries Pvt. Ltd., ... vs Department Of Income Tax on 15 February, 2016

               IN THE INCOME TAX APPELLATE TRIBUNAL
                     DELHI BENCH 'E', NEW DELHI

     BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER
           AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER

                     ITA No. 2718/Del/2012
                          AY: 2005-06

ACIT, Circle 3(1)          vs.   Mayur Electrical Industries P.Ltd.
New Delhi                        A 44, Sector 56, Noida

                                 PAN: AAACM 1384 J

(Appellant)                                  (Respondent)

            Appellant by     : Ms.Sunita Singh, CIT, D.R. and
                            Sh. Amit Lal, Sr.D.R.

                      Respondent by : Sh. Ram Samujh, Adv.

                                    ORDER

PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

This is an appeal filed by the Revenue directed against the order of the Ld.Commissioner of Income Tax (Appeals)-XXXII, New Delhi dated 22.03.2012 pertaining to the Assessment Year (A.Y.) 2005-06. 1.1. The tax effect in this appeal by the Revenue does not exceed the monetary limit of Rs.10 lakhs specified in recent CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961. Further in this CBDT Circular, at para 10 it is specified that the Instruction will apply retrospectively, to all pending appeals.

2. We have heard Ms.Sunita Singh, Ld.CIT, D.R. on behalf of Revenue and Shri Ram Samujh, Ld.Counsel for the assessee. 2.1. The Ld.Sr.D.R. could not controvert the fact that the tax effect on the quantum of income in dispute is below the monetary limit of Rs.10,00,000/- (Ten lakhs only).

A.Y. 2005-06 Mayur Electrical Industreis P.Ltd. Noida.

2.2. Hence we dismiss this appeal filed by the Revenue on the ground that the tax effect in the present appeal does not exceed the monetary limit specified by the CBDT Circular No.21/2015 dated 10th December,2015, F.No. 279/Misc./142/2007-ITJ(Pt.) read with S.268 A of the Income Tax Act 1961, and hence not maintainable.

2.3. In case there is a mistake in the calculation or if the case is covered by any of the exception specified in the Circular the revenue may file a Misc. Application u/s 254(2) of the Income Tax Act 1961 pointing out the mistake and if the Bench is convinced of the mistake, this order will be recalled and the appeal restored for fresh disposal on merits.

3. In the result Revenue's appeal is dismissed.

Order pronounced in the Open Court on 15th February, 2016.

                   Sd/-                                                         Sd/-
         (SUCHITRA KAMBLE)                                               (J. SUDHAKAR REDDY)
           JUDICIAL MEMBER                                               ACCOUNTANT MEMBER

    Dated: the 15th February, 2016


·   Manga

    Copy   forwarded to: -
    1.      Appellant
    2.      Respondent
    3.      CIT
    4.      CIT(A)
    5.      DR, ITAT
                             -      TRUE COPY           -

                                                                      By Order,




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