ITO, WARD-1, SONEPAT vs. DHARAM PAL, SONEPAT

(A) This appeal by Revenue is filed against the impugned order of Learned Commissioner of Income Tax (Appeals), Rohtak, [“Ld. CIT(A)”, for short], dated 10.10.2018 for Assessment Year 2013-14. The Grounds taken in this appeal of Revenue is as under:

“1. Whether on the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law & in facts in deleting the addition of Rs. 76,40,965/- without appreciating the provision of section 56(2)(viii) r.w.s. 57(iv) of the Income Tax Act, 1961”. 2. That the appellant carves leave to add, to alter, amend, modify, substitute, delete Page 1 of 4

ITA No.- 8123/Del/2018 Dharam Pal, Sonepat and / or rescind all or any of the grounds of appeal on or before or at the hearing, if necessary so arises.” (B) At the outset, it was brought to our notice at the time of hearing, by learned Authorized Representative (“Ld. AR” for short) for assessee, that tax effect in this appeal is below Rs. 50,00,000/-. 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/-. In a subsequent clarification issued by CBDT vide F.No. 279/Misc/M-93/2018-ITJ, 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 contended by Ld. AR for assessee, that this appeal is not maintainable. Learned Senior Departmental Representative [“Ld. Sr. DR”, for short) agreed with this contention of the Ld. AR for assessee, and did not press the appeal. Therefore, this appeal is dismissed being not pressed; and also being not maintainable having regard to aforesaid 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.

ITA No.- 8123/Del/2018 Dharam Pal, Sonepat (D) In the result, this appeal by Revenue is dismissed. Our decision was orally pronounced in the Open Court in the presence of representatives of both sides, after conclusion of hearing on 15 .09.2021. Now, this written order is signed today On 16/09/2021 .