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Income Tax Appellate Tribunal, DELHI BENCH : G : NEW DELHI
Before: SHRI R.K. PANDA & MS SUCHITRA KAMBLE
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER Assessment Year: 2010-11 ACIT, Vs. Van Oord ACZ India (P) Ltd., 6th Floor, Shanghvi Udyan, Circle-26(1), CR Building, B-18, Vaikunthlal Mehta Road, New Delhi. JVPD Scheme, Mumbai. PAN: AABCV0555B (Appellant) (Respondent) Assessee by : None Revenue by : Shri N.K. Bansal, Sr.DR Date of Hearing : 01.05.2019 Date of Pronouncement: 01.05.2019 ORDER
PER R.K. PANDA, AM:
This appeal by the Revenue is directed against the order dated 4th April, 2016 of the CIT(A)-33, New Delhi, relating to Assessment Year 2010-11.
None appeared on behalf of the assessee despite notice. We, therefore, proceeded to dispose of the appeal after hearing the ld. DR.
We find, in the instant case, that the tax effect involved in the grounds raised by the Revenue is below Rs.20 lac and, therefore, in view of the recent CBDT Circular No.03/2018 dated 11th July, 2018, the appeal filed by the Revenue is not maintainable and has to be dismissed. The ld. DR fairly conceded that the tax effect involved in the grounds raised by the Revenue is below Rs.20 lac. We, therefore, hold that the appeal filed by the Revenue is not maintainable in view of the CBDT Circular No.03/2018 dated 11th July, 2018 which is applicable even to pending appeals. However, if the Revenue, at any point of time, finds that the case of the Revenue falls under any of the clauses as per amended para 10 of the said Circular, vide Notification dated 20th August, 2018, the Revenue is at liberty to file Miscellaneous Application for revival of the appeal. The appeal filed by the Revenue is, accordingly, dismissed.