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Income Tax Appellate Tribunal, DELHI BENCH: ‘SMC’, NEW DELHI
Before: SH. N. K. BILLAIYA
This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals], Aligarh, dated 28.08.2018 for Assessment Year 2015-16.
This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No.3/2018 dated 11.07.2018 by which Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs.20 lakhs. The Board at Clause 13 of the said Circular has clarified as under :-
“This Circular will apply to SLPs/ appeals/ cross objections/ references to be filed henceforth in Supreme Court/ High Court/ Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/ not pressed.” However, it is observed that in case on re-verification at the end of the Assessing Officer it can be demonstrated that the tax effect is more, or Revenue’s case falls within the ambit of exceptions provided in the Circular, then the Department will be at liberty to approach the Tribunal for recall of this order relatable to such cases. Such application should be filed within the time period prescribed in the Act.
In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.
In the result, appeal of the Revenue is dismissed.
Order pronounced in the open court on 18.04.2019.
Sd/- (N.K.BILLAIYA) ACCOUNTANT MEMBER Dated: 18.04.2019 Neha/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT
ASSISTANT REGISTRAR ITAT NEW DELHI
Date of dictation 18.04.2019
Date on which the typed draft is placed before the 18.04.2019 dictating Member Date on which the typed draft is placed before the 18.04.2019 Other Member
Date on which the approved draft comes to the Sr. 18.04.2019 PS/PS
Date on which the fair order is placed before the 18.04.2019 Dictating Member for pronouncement Date on which the fair order comes back to the Sr. 18.04.2019 PS/PS Date on which the final order is uploaded on the 18.04.2019 website of ITAT
Date on which the file goes to the Bench Clerk
Date on which the file goes to the Head Clerk