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Income Tax Appellate Tribunal, DELHI BENCHES “FRIDAY” : NEW DELHI
Before: SHRI R.K. PANDA & SHRI CHALLA NAGENDRA PRASAD
This appeal by the Revenue for the assessment year 2009-10 is directed against the order of Learned CIT(A), Haldwani dated 05.04.2018. 2. Learned Counsel for the assessee has submitted that the tax effect in the appeal of the Revenue is below Rs. 50 lakhs. The CBDT in its Circular No.17/2019 dated 8th August, 2019 has revised the monetary limit for filing of the departmental appeals to the ITAT at Rs. 50 lakhs.
2 ITA.No.4508/Del/2018
Learned CIT(DR) agreed that the tax effect in this appeal of the Revenue is below Rs. 50 lakhs.
In view of the above position, we deem it proper to dismiss the appeal of the Revenue in the light of the Circular No.17/2019 of the CBDT dated 8th August, 2019, as not maintainable. However, if on a later date, the Revenue finds that the tax effect in dispute in the aforesaid appeal is more than the limit prescribed or it is protected by any of the exceptions provided in the CBDT Circular, it shall be at liberty to approach the Tribunal for recall of the order and reinstitution of the appeal for adjudication on merits. The Tribunal shall consider such application, as per the extant law. 5. In the result, in view of the aforesaid discussion, the Revenue’s appeal stands dismissed.
Order pronounced in the open court at the time of virtual hearing itself i.e., on 24.12.2021.