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Income Tax Appellate Tribunal, DELHI “B” BENCH: NEW DELHI
Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA
This appeal by the Revenue pertaining to assessment year 2009-10 is directed against the order of Ld. CIT(A)-2, New Delhi dated 16.03.2018.
The Revenue has raised following grounds of appeal:-
1. “Whether on the facts and the circumstances of the case and in law, the Ld.CIT(A) is legally justified in ignoring the fact that the disallowance of building material expenses amounting to Rs.49,56,362/- was made because supporting bills and evidences were not filed by the assessee.
2. Whether on the facts and the circumstances of the case and in law, the Ld.CIT(A) is legally justified in ignoring the fact that the addition of Rs.85,07,003/- was made for expenses in support of which bills/invoices were available but the same were not recorded in the books of the assessee company.”
2. The Revenue has filed an application seeking adjournment on the ground that the Ld.CIT DR is on leave. However, during the course of hearing, Ld. Counsel for the assessee pointed out that the present appeal is not maintainable on account of pecuniary limits as prescribed by CBDT Circular No.17/2019 dated 08.08.2019.
Having heard the Ld. Counsel for the assessee and perused the material on record, we find merit in the contention of the Ld. Counsel for the assessee as the tax effect is lower than Rs.50 Lakhs as prescribed by CBDT Circular No.17/2019 dated 08.08.2019. There is nothing on record suggesting that the matter falls under any of the exception as prescribed under the aforesaid Circular. We, therefore, reject the application seeking adjournment and dismiss the appeal being not maintainable in view of the CBDT Circular No.17/2019 dated 08.08.2019. However, the Revenue would be at liberty to approach the Tribunal by way of miscellaneous application, if it is found that the tax effect is higher than the prescribed limit or otherwise the matter falls under any of the exception clauses.
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open Court during the course of hearing on 02nd March 2021.