DCIT, RISHIKESH vs. SHRI AMIT KUMAR SHARMA, RISHIKESH

We have heard rival submissions and perused the materials on record.

The learned Departmental Representative, at the outset, very fairly submitted that the tax effect involved in the issue involved in dispute before this tribunal is below Rs.50 lakhs. Therefore, in view of the recent CBDT Circular No.17/2019 dated 8th August, 2019, raising the monetary limit for filing of the appeal by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification of the CBDT, vide Notification dated 20th August, 2019 stating that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable.

After hearing the learned Departmental Representative, we find the tax effect involved in the grounds raised by the Revenue is admittedly below Rs.50 lakhs. Therefore, in view of the CBDT Circular No.17/2019 dated 8th August, 2019 raising the monetary limit for filing of the appeals by the Revenue before the Tribunal to Rs.50 lakhs and the subsequent clarification dated 20th August, 2019 to the effect that the said Circular is applicable even to 2 pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.

However, if the Revenue at any point of time finds that the tax effect involved in the grounds of the Revenue is more than Rs.50 lakhs or that the same is falling under the exceptions provided in the said Circular, the Revenue may move necessary application for recall of this order.

In the result, the appeal of the revenue is dismissed.