ITO, WARD- 29(3), NEW DELHI vs. BIMLA DEVI, NEW DELHI

The present appeal by the revenue and the Cross Objection by the assessee are directed against the order of the ld. CIT(A)- 10, New Delhi dated 25.09.2017.

As per the instant Circular No. 17/2019 dated 08/08/2019 inforce, the CBDT in supersession of earlier instructions has directed that department’s appeals before ITAT shall not be filed in cases where the tax effect does not exceed the 2 CO No. 38/Del/2018 Bimla Devi monetary limit of Rs. 50 lacs. The tax will not include any interest thereon. It is further clarified that even if in the case of an assessee, disputed issues arise in more than one assessment year, appeal cannot be filed in respect of such assessment year or years in which the tax effect in respect of disputed issues exceeds the monetary limit so specified.

Admittedly, in the departmental appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.

As regards to the Cross Objection filed by the assessee is concerned, since we have already dismissed the appeal of the revenue. Therefore, the Cross Objection filed by the assessee has become infructuous and dismissed.

In the result, the appeal of the revenue as well as the Cross Objection of the assessee are to be treated as dismissed. Order Pronounced in the Open Court on 16/02/2021.