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Income Tax Appellate Tribunal, AHMEDABAD “C” BENCH
Before: SHRI PRADIP KUMAR KEDIA & SHRI MAHAVIR PRASAD
PER MAHAVIR PRASAD, JUDICIAL MEMBER & C.O. 32/Ahd/19 2 . A.Y. 2011-12 1. This appeal by the Revenue and the cross objection of the Assessee are directed against the order of the ld. CIT(A)-7, Ahmedabad dated 08.09.2017 pertaining to A.Y. 2011-12 and following grounds have been taken by the Revenue:
1. The Ld.CIT(A) has erred in law and on facts in deleting the addition of Rs. 1,22,16,748/-made by the A.O. on account of non-deduction of TDS on commission to foreign parties.
2. On the facts and circumstances of the case, the Ld. Commissioner of Income-tax (A) ought to have upheld the order of the Assessing Officer in respect of above issues.
3. It is, therefore, prayed that the order of the Ld. Commissioner of Income-tax (A) may be set-aside and that of the Assessing Officer be restored.
At the time of hearing, it was submitted by the Ld.AR for the assessee that appeal filed by the Revenue is hit by recently issued CBDT Circular No.17 of 2019 dated 08/08/2019 revising the previous thresholds pertaining to tax effects. As per aforesaid Circular, all pending appeals filed by Revenue are liable to be dismissed as a measure for reducing litigation where the tax effect does not exceed the prescribed monetary limit which is now revised at Rs.50 Lakhs. In the instant case, the tax effect on the disputed issues raised by the Revenue is stated to be not exceeding Rs.50 lakhs and therefore appeal of the Revenue is required to be dismissed in limine.
The Learned DR for the Revenue fairly admitted the applicability of the CBDT Circular No. 17 of 2019. Accordingly, appeal of the Revenue is dismissed as not maintainable. However, it will be open to the Revenue to seek restoration of its appeal on showing inapplicability of the aforesaid CBDT Circular in any manner.
In view of the above said circular, appeal of the Revenue is dismissed. & C.O. 32/Ahd/19 3 . A.Y. 2011-12
Now we come C.O. No. 32/Ahd/2019
At the time of hearing and after dismissing the appeal of the Revenue, Ld. Counsel for the assessee requested that he does not want to press the cross objection. Therefore, same may be dismissed as not pressed.
In the result, appeal filed by the Revenue is dismissed and appeal filed by the C.O. of the Assessee is also dismissed.
Order pronounced in Open Court on 26- 09- 2019