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Income Tax Appellate Tribunal, “B’’ BENCH : BANGALORE
Before: SHRI B.R BASKARAN & SMT. BEENA PILLAI
O R D E R Per B.R Baskaran, Accountant Member
The appeal filed by the Revenue is directed against the order passed by the ld CIT(A) in the hands of the assessees and it relate to the asst. year 2014-15.
At the outset, the ld counsels appearing for the assessees submitted that the tax effect involved in the issues contested by the Revenue does not exceed 50 lakhs in this appeal. Accordingly it was submitted that the Revenue is precluded from pursuing this appeal as per Circular No.17/2019 dated 8/8/2019 issued by Central Board of Direct Taxes, which has been clarified by CBDT as applicable to all pending appeals, vide its Instruction dated 20/8/2019. Accordingly, the Ld A.R submitted that the appeal is required to be dismissed in limine.
The ld DR did not object to the submission made by the counsel for the assessee.
Accordingly we dismiss the appeal of the Revenue in limine. However liberty is given to the Revenue to move application for recall of the order, if it is found that the tax effect involved on the issues disputed in the appeal is more than 50 lakhs or if it is found that the issues contested therein fall in the category of exceptions prescribed by the CBDT Circular or subsequently.
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the Open Court on 25th November, 2019.