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Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,
Before: SHRI N.K. BILLAIYA, & SHRI KULDIP SINGH
ORDER PER N.K. BILLAIYA, AM:-
This appeal by the Revenue and cross objection by the assessee are preferred against the order of the Commissioner of Income Tax [Appeals] – 5, Delhi dated 30.06.2017 pertaining to assessment year 2013-14.
The sole grievance of the Revenue is that the CIT(A) erred in deleting the addition amounting to Rs. 39.60 lakhs.
The grievance of the assessee itself shows that the tax effect is less than Rs. 20 lakhs. 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 the 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 The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”
3. In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.
Since none appeared on behalf of the assessee, it seems that the assessee is not interest in prosecuting the matter. Accordingly, the cross objection filed by the assessee is dismissed.
In the result, the appeal of the Revenue as well as the cross objection of the assessee stand dismissed.