ACIT CIRCLE-9(3)(1), MUMBAI vs. M/S.DICITEX FURNISHINGS PRIVATE LIMITED, MUMBAI

O R D E R Per G MANJUNATHA, AM :

This appeal filed by the Revenue is directed against order of the Commissioner of Income tax (Appeals)-16, Mumbai, dated 18/07/2018 and it pertains to AY 2015-16.

perused materials available on record. During course of hearing, ld. DR for the revenue submitted that tax effect involved in this appeal filed by the revenue is less than Rs. 50 lacs and in view of latest CBDT circular No. 17/2019 dated 08/08/2019, appeal filed by the revenue is not maintainable and needs to be dismissed. The Ld. DR, further argued that, the issue involved in this appeal is appears to be covered by exception as provided under clause (e) of subsequent circular and therefore, if required the revenue shall be allowed to file miscellaneous application to recall the order. We, find that, the CBDT, recently had issued a circular no. 17/2019 dated 08/08/2019, superseding its earlier circular no. 03/2018, dated 11/07/2018 and enhanced monetary limit for filing appeal before various appellate authorities and accordingly, enhanced monetary limit to Rs. 50,00,000/- for filing appeal before the Tribunal. Further, in the said circular, the CBDT had instructed its officer’s to file application for withdrawal of appeal already filed or not to pursue pending appeals. We, therefore, by taking into account the CBDT circular no.17/2019 dated 08/08/2019 and also considering the fact that tax effect involved in the present appeal is less than the amount of monetary limit fixed by the CBDT for not filing appeal before Tribunal, dismissed appeal filed by the revenue as not maintainable. However, we keep open option to the revenue to file a miscellaneous application, if 3 ITA .No.5281/Mum/2018 Dicitex Furnishings Pvt.Ltd. necessary, in case the issues involved in the present appeal comes within 3 exceptions as provided in para 10 of said circular and clause (e) of subsequent circular and if disputed tax involves exceeds threshold limit provided in CBDT circular.

Order pronounced in the open court on 29 .01.2020