ITO, HARIDWAR vs. M/S. NAVYUG INDUSTRIES, HARIDWAR

ORDER PER SUDHANSHU SRIVASTAVA, JM: This appeal is preferred by the Revenue against order dated 29.08.2016 passed by the Learned Commissioner of Income Tax (Appeals), Dehradun {CIT(A)} for Assessment Year 2012-13 and challenges the deletion of penalty of Rs.83,63,210/- imposed u/s 271(1)(c) of the Income Tax Act, 1961.

2.0 None was present on behalf of the assessee (i.e., respondent) when the appeal was called out for hearing.

3.0 The Ld. Sr. Departmental Representative (DR) fairly submitted that the monitory value involved in this appeal was much less than the monitory limit prescribed for preferring appeals before the Income Tax Appellate Tribunal. The Ld. Sr. DR fairly accepted that this appeal was not maintainable in view of the CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs.

Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

4.0 Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the appeal is protected by the exceptions prescribed in para-10 of the Circular dated 11.07.2018.

5.0 In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

6.0 In the final result, the appeal of the Revenue stands dismissed.

Order pronounced in the open Court on 05.03.2021.