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Income Tax Appellate Tribunal, DELHI BENCH: ‘F’: NEW DELHI
Before: MS. SUSHMA CHOWLA & SHRI N.K.BILLAIYA
आदेश आदेश / ORDER आदेश आदेश
PER SUSHMA CHOWLA, JM:
The present appeal filed by Revenue is against order of CIT(A)- XXVI, New Delhi, dated 02.03.2016 relating to assessment year 2007-08 against the order passed under section 144 r.w.s 153A of the Income-tax Act, 1961 (in short ‘the Act’). The assessee has filed cross- objection against the appeal filed by the Revenue.
The appeal of the Revenue and the cross-objection filed by the assessee heard together and are being disposed off by this consolidated order for the sake of convenience.
However, Ld. DR for the Revenue pointed out that the present appeal is to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.
The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Page | 2
Cross Objection No.268/Del/2016 & आयकर अपील सं. / ITA No:- 3475/Del/2016 िनधा�रण वष� / Assessment Year: 2007-08 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.
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.
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CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.
Ld.AR for the assessee vide letter dated 29.08.2019 has withdrawn the cross-objection, hence the same is dismissed as withdrawn.
In the result, the appeal filed by the Revenue is dismissed and cross-objection filed by the assessee is also dismissed.
Order pronounced in the open court on 30th day of August, 2019.
Sd/- Sd/- (N.K.BILLAIYA) (SUSHMA CHOWLA) लेखा सदःय लेखा सदःय/ACCOUNTANT MEMBER �याियक सदःय लेखा सदःय लेखा सदःय �याियक सदःय �याियक सदःय/JUDICIAL MEMBER �याियक सदःय Page | 3
Cross Objection No.268/Del/2016 & आयकर अपील सं. / ITA No:- 3475/Del/2016 िनधा�रण वष� / Assessment Year: 2007-08 �द�ली �द�ली / �दनांक Dated : 30th August, 2019. �द�ली �द�ली * Amit Kumar *