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TMI Blog2017 (8) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... effect’ involved in the present appeal is below the monetary ceiling contemplated in the CBDT Circular No. 21/2015, dated 10/12/2015, therefore, the appeal of the department is not maintainable. - I.T.A. No. 3357/Mum/2016 - - - Dated:- 2-8-2017 - Shri B.R Baskaran, AM And Shri Ravish Sood, JM Revenue by : Shri M.C Ominingshen, S.R. D.R Assessee by : Shri Rajesh Chamaria ORDER Ravish Sood, Judicial Member The captioned appeal filed by the revenue pertaining to assessment year 2007-08 is directed against the order passed by CIT(A)-30, Mumbai, dated 08/02/2016, which in turn arises out of an order passed by the Assessing Officer under section 143(3) r.w.s 147 of the Income Tax Act, 1961 (in short the Act ), dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the backdrop of the contentions raised by the assessee before him, deleted the addition of ₹ 31,92,484/-(supra) and allowed the appeal of the assessee. - 4. The revenue being aggrieved with the order of the CIT(A) had assailed the order of the CIT(A) before us. It was at the very outset pointed out by the ld. Authorized Representatives (for short A.R.) for the assessee that the tax effect involved in the present appeal was less than ₹ 10 lac as prescribed in the CBDT Circular No. 21/2015, dated 10/12/2015, as per which the monetary limit for filing of the appeal by the department before the Income Tax Appellate Tribunal had been revised retrospectively. The ld. A.R in order to drive home his aforesaid contention, therein ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2015, dated 10/12/2015, what has to be considered is the amount of tax excluding the amount of surcharge and education cess. We find that our aforesaid view stands fortified by an order passed by a coordinate bench of the Tribunal, in the case of the DCIT, Central Circle-1(1), Mumbai Vs. M/s. Tilaknagar Industries Ltd. (ITA No. 2506/Mum/2015, dated 31.05.2015), wherein it was observed as under:- T he tax ef f ect on this di sp uted i ncome comes to ₹ 9,86,391/- ,excluding the surcharge and educat ion cess of ₹ 1,31,190/-Our Coordinate Bench in the case of DCIT vs. M/s. Dome Bell Electronics India Ltd., in ITA No.2480/Mum/2012 dated 22/07/2016 has held that for the purposes of considering the amount of tax effect as envisage ..... X X X X Extracts X X X X X X X X Extracts X X X X
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