ACIT, CIRCLE-48(1) vs. SUSUMU YAMAMOTO,,

The present appeals have been filed by the Revenue against the orders of the ld. CIT(A)-XXX, New Delhi dated 14.07.2004 and 19.07.2004.

According to Circular No. 17/2019 dated 08/08/2019, 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 monetary limit of Rs. & 4545/Del/2004 2 Susumu Yamamoto & Yoji Ishikawa 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 appeals, the tax effect is less than Rs. 50 lacs, therefore, departmental appeals are not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.

In the result, the appeals of the Revenue are dismissed. (Order Pronounced in the Open Court on 11/09/2019).