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Income Tax Appellate Tribunal, DELHI BENCH “A”, NEW DELHI
Before: SHRI R.K. PANDA & SH. K. N. CHARY
This appeal filed by the revenue is directed against the order dated 02.06.2015 of the CIT(A)-23, New Delhi for A. Y. 2008-09.
The Ld. Counsel for the assessee at the outset submitted that the revenue has challenged the order of the CIT(A) in deleting the addition of Rs.62,33,456/-and therefore, the tax effect of the ground raised by the revenue being below Rs.20,00,000/-, the appeal filed by the revenue has to be dismissed.
3. In view of the CBDT Circular No.03/2018 [F.No.279/Misc.142/2007- ITJ (Pt.)] dated 11.07.2018 raising the monetary limit to Rs.20,00,000/- for filing of the appeals by the department before ITAT the appeal of the revenue is not maintainable. As per para 3 of the said circular it is also clarified that the pending appeals of the department before ITAT having monetary limit of Rs. 20,00,000/- or less will be treated as withdrawn. Since in the instant case the tax effect is admittedly below Rs. 20,00,000/-, therefore, in view of the latest CBDT Circular cited (supra) the appeal filed by the revenue is dismissed on account of low tax effect.
In the result, the appeal filed by the revenue is dismissed.
Order pronounced in the open court at the time of hearing itself i.e. on 24.01.2019.