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(A) This appeal by Revenue is filed against the order of Learned Commissioner of Income Tax (Appeals)-2, Gurgaon, [“Ld. CIT(A)”, for short], dated 21.10.2015 for Assessment Year 2011-12. Grounds taken in this appeal of Revenue are as under:
“1. On the facts and circumstances of the case, the Ld. CIT(A) has erred in facts and in law in allowing relief of Rs. 1,19,08,200/- to the assessee.
On the facts and circumstances of the case, the Ld. CIT(A) has erred in facts and in law in directing to allow further deduction u/s 54B in respect of amount utilized towards purchase of agriculture land up to the date of actual filing of return for the AY 2011-12 on 29.09.2011 after ‘due date’ when the assessee had neither utilized nor deposited the amount in capital Gain Account on or ITA No.- 6760/Del/2015 Shri Rohtas Singh. before the ‘due date’ of furnishing of return under section 139(1) as required under sub section (2) of section 54B of the Income Tax Act. 3. That the appellant craves for permission to add, delete to amend grounds of appeal before or at the time of hearing of appeal. “
(B) At the outset, Learned Senior Departmental Representative [“Ld. Sr. DR”, for short] brought to our notice, at the time of hearing 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. Having regard to the aforesaid, the Ld. Sr. DR for Revenue 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.- 6760/Del/2015 Shri Rohtas Singh. (D) In the result, this appeal by Revenue is dismissed. Our decision was orally pronounced in the Open Court after conclusion of hearing on the date of hearing. Now, this written order is pronounced in Open Court on 11 /9/2019.