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Income Tax Appellate Tribunal, DELHI BENCH “F” NEW DELHI
Before: MS. SUCHITRA KAMBLE & SHRI O.P.MEENA
आदेश /O R D E R
PER O. P. MEENA, AM:
The above two are filed by the Revenue, which are directed against separate the orders of learned Commissioner of Income tax (Appeals)-34 New Delhi, dated 19.07.2016 & 19.07.2016 for assessment year 2008-09 and assessment year 2009-10 respectively.
We have heard the parties and perused the material available on record and find that tax effect involved in these appeals is below Rs.50 Lakhs. The ld. DR also did not dispute this fact. We find that the CBDT vide Circular No.17/2019 dated 8th August 2019 [F.No.279/ Misc.142/ 2007-ITJ (Pt)] by amending para 3 of CBDT Circular No.3/2018 dated 11.07.2018 has enhanced the monetary limit for filing of appeal before Tribunal to Rs.50 ACIT-CC-1(1) Panaji- Goa Pattao Plaza, Panaji v. Vedanta Ltd. (Earlier these were known as M/s. Sesa Goa Ltd. and The madras Alluminium respectively]/ I.T.A.No. 172 & 111 /PAN/2017/A.Y.:09-10 & 12-13 Page 2 of 2 lakhs and has also removed the anomaly in para 5 of said Circular No. 3/2018. We find that the present case does not fall within the exceptions clause 10 of said CBDT Circular No. 3/2018. Therefore, the present appeal is not maintainable as per above Circular No. 17/2019, hence dismissed.
This Circular is applicable to all pending appeals as clarified by CBDT letter dated 20.08.2019 [F. No. 279/Misc./M-93/2018-ITJ] and in the light of judgement of Hon`ble Supreme Court in the case of Pr. CIT, Jaipur v.
Meenakshi Modi SLP (Civil) Diary No. 25076 of 2019-dated 16.08.2019 wherein the Hon`ble Supreme Court has dismissed the appeal of Revenue, as tax involved was less than Rs. 2 Crores. However, the Revenue is at liberty to approach to this Tribunal for recalling this order, if it is comes to the notice of the AO that the tax effect is more than the monetary limit provided under above Circular or the appeals is fall within ambit of the exceptions provided under the said Circular.
In the result, the appeal of the Revenue for both assessment year 2009-10 and 2012-13 are stands dismissed.
The order pronounced in the open court on 19.11.2019