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Income Tax Appellate Tribunal, DELHI BENCH: ‘F’: NEW DELHI
Before: MS. SUSHMA CHOWLA & SHRI N.K.BILLAIYA
आदेश / ORDER आदेश आदेश आदेश PER SUSHMA CHOWLA, JM: These three appeals filed by Revenue are against separate order of CIT(A)-43, New Delhi, dated 29.08.2016 relating to assessment years 2010-11, 2011-12 & 2012-13 against the order passed under
ITA No:- 5527, 5528 & 5529/Del/2016 Assessment Year: 2010-11, 2011-12, 2012-13 section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’). All the three appeals relating to the same assessee were heard together and are being disposed off by this consolidated order for the sake of convenience.
Ld. DR for the Revenue pointed out that the present appeals are to be withdrawn as the tax effect involved in the case is below Rs.50 Lacs.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 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 appeals filed by the Revenue in case of low tax effect are not maintainable.
Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeals, if the requisite material is brought to show that the appeals are 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Circular dated 08.08.2019 and letter dated 20.08.2019(supra), the captioned appeals of the Revenue are dismissed as withdrawn/not pressed.
ITA No:- 5527, 5528 & 5529/Del/2016 Assessment Year: 2010-11, 2011-12, 2012-13
In the result, the appeals of Revenue are dismissed.
Order pronounced in the open court on 29th day of August, 2019.