DCIT vs M/S. the Servnts of Children… | ITAT Delhi 2019

Income Tax Appellate Tribunal, DELHI BENCH “G”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU

For Appellant: Shri M.P. Rastogi, Advocate

For Respondent: Shri S.S. Rana, CIT( DR), Shri M.P. Rastogi, Advocate

Hearing: 13/05/2019

This is an appeal filed by the Revenue directed against the order of Commissioner of Income Tax (APPEALS) Meerut dated 28.04.2016 pertaining to the assessment year 2012-13.

During the course of hearing, it was admitted by both the parties that the tax on disputed issue as raised in the departmental appeal is less than Rs. 20,00,000/-. Hence the present appeal of the Revenue is not maintainable in view of recent Circular of CBDT No. 3/2018 dated 11th July, 2018. The tax effect involved in the ground raised by the revenue is Rs. 19,13,534/- which is below the prescribed limit of Rs. 20,00,000/-.

Having considered the rival submissions and the material available on record, we find that tax effect is below the monetary limit as prescribed in CBDT circular. These instructions of CBDT have now statutory force within the provisions of section 268A and are made applicable to the pending appeals also by virtue of para 13 of the Circular.

In the result, the appeal of the Revenue stands dismissed as indicated above.

DCIT (EXEMPTION), GHAZIABAD vs. M/S. THE SERVNTS OF CHILDREN SOCIETY, MEERUT