ITO, WARD- 2(5), NOIDA vs. VIJAY GAMBHIR, GAUTAM BUDH NAGAR

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘SMC’ NEW DELHI

BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER

ITA No. 5366/Del/2018 Assessment Year: 2009-10 ITO vs Vijay Gambhir Ward 2(5) 1537, Sector-29, Gautam Budh Nagar, Room No. 407, Noida. 4th Floor, ABUPG1144L Aayakar Bhawan A-2D, Sector-24 Noida.

APPELLANT RESPONDENT

Revenue by Shri S.L. Anuragi, Sr. DR Assessee by Shri Sanjay Gupta, CA

Date of Hearing 23.01.2019 Date of Pronouncement 23.01.2019

ORDER This appeal by the Revenue against the impugned order passed by the Ld. CIT(A)-I, Noida in relation to assessment year 2009-10. 2. The learned DR supported the order of the Assessing Officer, but could not controvert the fact that the tax effect involved in this appeal is less than Rs.20,00,000/-. 3. I have heard both the parties and perused the relevant material on record. It is noticed that recently the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective

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effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal. 4. From the afore-noted Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeal filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. Going by the prescription of the afore-noted Circular, I am of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal before the Tribunal. Accordingly, I dismiss the instant appeal filed by the Revenue without going into merits of the case. However, the Department is at liberty to file Miscellaneous Application, if the tax effect is found to be more than the prescribed limited of Rs.20,00,000/- or otherwise. Accordingly, the appeal of the Revenue stands dismissed. 5. In the result, the appeal of the Revenue stands dismissed. Order pronounced in the open court on 23/01/2019

Sd/- (H.S. SIDHU) JUDICIAL MEMBER Dated: 23.01.2019 *Kavita Arora

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