DCIT, NEW DELHI vs. SHRI ROOP KISHORE MADAN, NEW DELHI

This appeal by Revenue has been directed against the order of Learned Commissioner of Income Tax (Appeals) - 16, New Delhi, [“Ld. CIT(A)”, in short] dated 16/03/2015 for Assessment Order 2011-12.

ITA No.- 3747/Del/2015 Roop Kishore Madan. not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs.20 lakhs. It is also directed that this instruction will apply retrospectively to the pending appeals and appeals to be filed henceforth in the Tribunal. It is also directed in this Circular, that pending appeals below the specified tax effect may be withdrawn/not pressed. Learned CIT (DR), who appeared on behalf of Revenue, did not press the appeal in view of the aforesaid Circular of CBDT. We may also note that this appeal of Revenue would not fall within the exceptions provided in the aforesaid Circular. In the result, the Departmental Appeal is not maintainable, in view of aforesaid CBDT Circular. The Appeal of Revenue is dismissed as withdrawn/not pressed by the Learned CIT(DR). We clarify that Revenue will be at liberty to file a miscellaneous application seeking recall of this order for restoration of the appeal, if it is found that the appeal of Revenue is not covered by aforesaid CBDT Circular.