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Income Tax Appellate Tribunal, DELHI BENCH: ‘D’ NEW DELHI
Before: SHRI G.S. PANNU, HON’BLE & SHRI SAKTIJIT DEY
The present appeal by the Revenue is directed against the order dated 21.01.2019 passed by the Commissioner of Income-tax (Appeals)-43, New Delhi, for the assessment year 2015-16.
At the outset, learned counsel appearing for the assessee submitted that the tax effect on the amount disputed by the Revenue in the present appeal is below the monetary limit of Rs.50,00,000/-. Hence, appeal is not maintainable.
Learned Departmental Representative fairly accepted the aforesaid factual position. However, he submitted, liberty may be granted to Revenue to revive the appeal, in case, subsequently it is found that the tax effect on the amount disputed is more than Rs. 50,00,000/- or the appeal is covered by any of the exceptions provided to the tax effect circular.
We have considered rival submissions and perused the materials on record. After perusing the respective orders of the departmental authorities and the facts mentioned in the memorandum of appeal filed in Form No. 36, we find that the tax effect on the amount disputed by the Revenue in the present appeal is below the monetary limit of Rs.50,00,000/- fixed in CBDT Circular no. 17/2019 dated 08.08.2019 for filing an appeal before the Tribunal. There is nothing on record to suggest that the appeal of Revenue is protected by any of the exceptions to the aforesaid circular. Thus, in our view, the present appeal is covered under CBDT Circular No. 17/2019, dated 08.08.2019. Accordingly, the appeal is deemed to have been withdrawn, hence, dismissed.
However, liberty is granted to the Revenue to seek revival of the 2 | P a g e appeal, in case, Revenue can establish that the appeal is protected under any of the exceptions provided to the Circular noted above.
In the result, the appeal is dismissed.
Order pronounced in the open court on 29th August, 2022