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Income Tax Appellate Tribunal, DELHI BENCHES “F” : DELHI
Before: SHRI BHAVNESH SAINI & SHRI L.P. SAHU
The Assistant Commissioner M/s. RTC Restaurants Ltd., of Income Tax, Circle-20(2), 32, Hanuman Road, Room No.219, 2nd Floor, vs New Delhi. C.R. Building, I.P. Estate, PAN AAACR7638C New Delhi - PIN 110 002. (Appellant) (Respondent) For Revenue : Shri Surender Pal, Sr.D.R. For Assessee : -None- Date of Hearing : 04.09.2018 Date of Pronouncement : 04.09.2018 ORDER PER BHAVNESH SAINI, J.M. This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-7, Delhi, Dated 28.01.2015, for the A.Y. 2009-2010.
Admittedly, the tax effect in the Departmental Appeal is less than Rs.20 lakhs. Vide Circular No. 3 of 2018
2 ITA.No.2194/Del./2015 RTC Restaurants India Ltd., New Delhi. dated 11.07.2018 issued by CBDT under section 268A of the I.T. Act, it has been directed that Department shall 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. Pending appeals below the specified tax effect may be withdrawn/not pressed. Learned Sr. D.R. in view of the above Board Circular did not press the above Departmental Appeal. We may also note that the Appeal of the Department above would not fall within the exceptions provided in the Board Circular. In the result, the Departmental Appeal is not maintainable as have been filed against the instruction of the Board. The Departmental Appeal is dismissed as withdrawn/ not pressed by the Learned Sr. D.R.
In the result, Departmental Appeal is dismissed.
3 ITA.No.2194/Del./2015 RTC Restaurants India Ltd., New Delhi. Order pronounced in the open Court.