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Income Tax Appellate Tribunal, DELHI BENCH: ‘G’: NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI L.P. SAHU
This appeal by the Revenue has been directed against the order of Ld. CIT(A) Ghaziabad, dated 24.11.2011 for Assessment Year 2008-09, challenging the deletion of addition of Rs. 42,41,270/- U/s 68 of the Income Tax Act, 1961.
Admittedly, the tax effect in the Departmental Appeal is less than Rs.20 lakhs.
Vide Circular No. 3 of 2018 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 Pending appeals below the specified tax effect may be withdrawn/not pressed.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 CIT (DR) in view of the above Board Circular did not press the 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 The Departmental Appeal is dismissed as withdrawn/not pressed by the Learned CIT(DR).
In the result, appeal of the Revenue is dismissed.
Order pronounced in the open court on 29/8/2018