DCIT, NEW DELHI vs. M/S. GOLF TECHNOLOGIES PVT. LTD., NEW DELHI

At the outset, it has been pointed out by the ld. D.R. that the tax effect on the disputed issues raised in the Revenue’s Appeals is below Rs.50 lac, and therefore, in view of new CBDT Circular No.17/2019, the appeals of the Revenue are not maintainable. None is present on behalf of the assessee.

In view of the CBDT Circular No.17/2019 dated 8th August, 2019, it is seen that the CBDT has further enhanced the monetary limit for filing of appeal by the Department before the Income Tax Appellate Tribunal from Rs.20 lacs to Rs.50 lacs. The said circular also make reference to the earlier Circular No.3 of 2018 dated 11.07.2018 and specially states that as a step towards further management of litigation, the Board has decided to enhance the monetary limit for filing of the appeals. This circular is not in supersession of the earlier circular but only amends the monetary limits as well as gives clarification with regard to paragraph 5 of the earlier circular. This, inter alia, means that all the other conditions mentioned in the earlier Circular No.3 of 2018 dated 11.07.2018 will apply mutatis mutandis including that it will apply to all the pending appeals.

Further, CBDT vide clarification dated 20.08.2019 has clarified that the aforesaid circular will apply to all pending appeals. Accordingly, the appeals of the Revenue are dismissed as non maintainable as the tax effect involved therein is below Rs.50 lakhs. 5. In the result, the appeals filed by the Revenue are dismissed. Order pronounced in the open court on 02/12/2019. Sd/- Sd/- (A.N. Mishra) (Amit Shukla) Accountant Member Judicial member Dated: 2nd Dec., 2019 *aks*