ACIT, NEW DELHI vs. M/S. BECON CONSTRUCTION PVT. LTD., NEW DELHI

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. 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 appeal, the tax effect is less than Rs. 50 lacs, therefore, departmental appeal is not maintainable. The Ld. DR could not bring to our notice any exceptions mentioned in the said Circular.

As regards to the Cross Objection filed by the assessee is concerned, since we have already dismissed the appeal of the revenue as aforesaid on account of low tax effect. Therefore, the Cross Objections filed by the assessee has become infructuous and dismissed.

In the result, the appeal of the Revenue and CO of the assessee is dismissed. (Order Pronounced in the Open Court on 28/08/2019).