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2017 (4) TMI 1374 - AT - Income TaxMaintainability of appeal - monetary limit - Nature of income - business income or Short Term Capital Gain u/s 111A - Held that:- From Clause 10 of the circular No.21 of 2015 dated 10.12.2015 it is clear that these instructions are applicable to the pending appeals also and as per clause 3, there is clear cut instruction to the department to withdraw or not to press the appeals filed before the ITAT wherein tax effect is less than ₹ 10,00,000/-. These instructions are operative retrospectively to the pending appeals. Keeping in view the CBDT Circular No.21 of 2015 dated 10.12.2015 and also the provisions of Section 268A of Income Tax Act, 1961, we are of the view that the Revenue should not have filed the instant appeal before the Tribunal. In view of the above, without going into merits of the case, the appeal filed by the department is dismissed.
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