THE ITO, WARD-2(2)(2),, AHMEDABAD vs. SMT. KAJAL ATUL SINGH,, AHMEDABAD

The captioned Miscellaneous Application has been filed by the Revenue seeking restoration of substantive appeal dismissed earlier in limine on the ground that the tax effect involved in the instant M.A. No. 319/Ahd/18 with [ITO vs. Smt. Kajal Atul Singh] A.Y. 2008-09 - 2 - case exceeds Rs.20 Lakhs and consequently the action of the Tribunal in applying CBDT Circular No. 3 of 2018 is not justified.

It was thus contended that CBDT Circular No. 3 of 2018 is not applicable in the instant case as the tax effect stands at Rs.28,32,294/- which is in excess of the prescribed monetary limit.

We find merit in the plea of the assessee for restoration of substantive appeal to its original number in the background noted above. The miscellaneous application filed by the Revenue is allowed.

Having restored the substantive appeal for fresh hearing on merit, we consider it expedient to dispose of the substantive appeal as well, with the consent of the parties concerned. It was noticed that notwithstanding the recall of original order, the appeal of the Revenue is hit by subsequent CBDT Circular No.17 of 2019 dated 08.08.2019 whereby the monetary limit towards tax effect is further revised to Rs.50 Lakhs in the interregnum. Thus, in the light of upgradation of monetary limit prescribed by CBDT Circular No. 17 of 2019, the substantive appeal of the Revenue is dismissed yet again.

Pertinent to observe, it shall be open to Revenue to seek restoration of its appeal in on showing inapplicability of the aforesaid CBDT Circular in any manner.

In the combined result, the Miscellaneous Application No. 319/Ahd/2018 of the Revenue is allowed. The substantive appeal of the Revenue in is consequently recalled and dismissed again.