ACIT SPECIAL RANGE--6, NEW DELHI vs. NEW INDIA INFRA BUILDTECH LTD., NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE, SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER (ASSESSMENT YEAR 2014-15) M/s New India Infra Addl. CIT Vs. Buildtech Ltd. Special Range-6 Flat No.257, DDA New Delhi Commercial Complex Jhandewalan Extension New Delhi-110 055 PAN-AACCV 7564P (Appellant) (Respondent) Appellant by Mr. Jeetender Chand, Senior Departmental Representative (“Sr. DR” for short) Respondent by None ORDER PER ANADEE NATH MISSHRA, AM:

(A) This appeal by Revenue is filed against the order of Learned

Commissioner of Income Tax (Appeals)-28, New Delhi [“Ld. CIT(A)”, for short], dated 21.12.2018 for Assessment Year 2014-15.

Grounds taken in this appeal are as under:

“1. Whether on facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs.1,10,03,977/- on account of failure of the assessee to produce books of accounts during the course of Page 1 of 4

Addl.CIT vs M/s New India Infra Buildtech Ltd. assessment proceedings and also failure of the assessee to substantiate the same even during the remand report proceedings ? 2. That the appellant craves leave to add, alter, amend of forgo and ground/(s) of appeal either before at the time of hearing of the appeal.”

(B) In the absence of any representation from the assessee’s side at the time of hearing before us, we heard the learned Sr. DR for Revenue. At the outset, it was brought to our notice at the time of hearing, by learned Sr. DR for Revenue, that tax effect in this appeal is below Rs. 50,00,000/-. He further submitted, that vide recent CBDT Circular No.17/2019 dated 08.08.2019 read with earlier CBDT Circular No. 3 of 2018, dated 11.07.2018, minimum threshold limit of tax effect for filing of appeals by Revenue in Income Tax Appellate Tribunal ("ITAT", for short) has been enhanced to Rs.50,00,000/-; and that in a subsequent clarification issued by CBDT vide F. No. 279/Misc/M-93/2018-lTJ, dated 20/08/2019, it has been clarified by CBDT that the aforesaid revised monetary limit is also applicable to all pending appeals in ITAT. In view of the foregoing, it was submitted by learned Sr. DR for Revenue, that this appeal was not maintainable. He did not press the appeal. Therefore, this appeal is dismissed being not pressed; and also being not maintainable having regard to aforesaid Page 2 of 4

Addl.CIT vs M/s New India Infra Buildtech Ltd. CBDT Circular No. 17/2019 dated 08.08.2019 read with aforesaid CBDT Circular No. 3 of 2018 in the light of aforesaid clarification dated 20.08.2019.

(C) Before leaving, we clarify that Revenue will be at liberty to approach Income Tax Appellate Tribunal U/s 254(2) of Income Tax Act, 1961; seeking recall of this order and, for restoration of this appeal if it is found that appeal of Revenue is not covered by aforesaid CBDT Circulars dated 08.08.2019 and 11.07.2018.

(D) In the result, this appeal by Revenue is dismissed.

This order was already pronounced orally on 21st November, 2022 in Open Court, in the presence of learned Sr. DR for Revenue, after conclusion of hearing. Now, this written order in writing is signed today on 22/11/2022.