ITO, MEERUT vs. M/S. R K WEAVING INDUSTRIES, NEW DELHI

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’: NEW DELHI (Through Video Conferencing)

BEFORE, SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER

ITA No.2717/Del/2016 (ASSESSMENT YEAR 2010-11) Income tax Officer, M/s R.K. Weaving Ward-2(2), Meerut. Industries, Pilokheri Road, Vs. Shyam Nagar, Meerut. PAN –AACFR 8404P (Appellant) (Respondent)

Appellant By Sh. Prakash Dubey, Sr. DR Respondent by None Date of Hearing 28.01.2021 Date of Pronouncement 28.01.2021

ORDER PER SUDHANSHU SRIVASTAVA, JM: This appeal is preferred by the Revenue against order dated

17.02.2016 passed by the Learned Commissioner of Income Tax

(Appeals), Meerut {CIT(A)} for Assessment Year 2010-11.

2 ITA No.2717/Del/2016 ITO vs. R.K. Weaving Industries 2.0 However, Ld. Departmental Representative (DR) pointed

out that the present appeal is to be withdrawn as the tax effect

involved in the case is below Rs.50 Lacs.

3.0 The CBDT vide Circular No.17/2019 dated 08.08.2019

has revised the monetary limit for filing the appeals before the

Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated

20.08.2019 has also clarified that Circular No.17/2019 would be

applicable to all pending appeals. In such circumstances, the

present appeal filed by the Revenue in case of low tax effect is not

maintainable.

4.0 Before parting, we clarify here that the Revenue shall be

at liberty to approach the Tribunal for re-institution of appeal, if the

requisite material is brought to show that the appeal is protected by

the exceptions prescribed in para-10 of the Circular dated

11.07.2018.

5.0 In conclusion, by applying the CBDT Circular dated

08.08.2019 and letter dated 20.08.2019 (supra), the captioned

appeal of the Revenue is dismissed as withdrawn/not pressed.

3 ITA No.2717/Del/2016 ITO vs. R.K. Weaving Industries

6.0 In the final result, the appeal of the Revenue stands

dismissed.

Above decision was announced on conclusion of Virtual

Hearing on 28th January, 2021.

Sd/- Sd/- (DR.B.R.R. KUMAR) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28/01/2021 PK/Ps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT

ASSISTANT REGISTRAR ITAT NEW DELHI