DCIT, DEHRADUN vs. WEATHERFORD ASIA PACIFIC PTE LTD., NOIDA

This miscellaneous application is filed by the Revenue in Assessment Year 2011-12 filed by the Revenue vide consolidated order dated 22.12.2015 dismissing the appeal of the Revenue holding that the tax effect involved in this appeal is Rs. 1169740/-.

The ld Sr. DR, M/s. Ashima Neb reiterated the same facts.

None appeared on behalf of the assessee. Page | 1 DCIT Vs. Weatherford Asia Pacific Pte Ltd, MA No. 215/Del/2016 (In (Assessment Year: 2011-12) 4. We have carefully considered the contention of the ld Sr. DR and found that contention of the Revenue is correct and there is mistake apparent from the record. Accordingly, the miscellaneous application filed by the Revenue succeeds and the order is recalled. It was pointed out by the bench that in view of the latest circular of CBDT No.03/2018 dated 11TH July 2018 the tax demand is less than Rs. 20 lacs, therefore, the appeal in may be disposed off at this stage only.

The ld DR fairly agreed that as the tax demand involved in this appeal is only Rs. 1169740/- the same may also be disposed off in view of the latest Circular No.03/2018 dated 11TH July 2018 enhancing the limitation of tax effect of Rs. 20 lacs.

We have carefully considered the contention of the Revenue. The appeal of the Revenue is below the threshold limit as per the latest circular of CBDT. Therefore, the same circular is applicable to the present case of the Revenue.

We have heard both the sides on the issue and perused the material. We find that the CBDT vide circular dated 11th July 2018 has revised the monetary limit for filing the appeal by the department before Income Tax Appellate Tribunal, Hon’ble High Courts and Hon’ble Supreme Court. The relevant para of the aforesaid circular is reproduced as under :- “3. Henceforth, appeals/SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder:- Sl.No. Appeals in Income-tax Monetary Limit(in matters Rs.) 1. Before Appellate Tribunal 20,00,000 2. Before High Court 50,00,000 3. Before Supreme Court 1,00,00,000 It is clarified that an appeal should not be filed merely because the tax effect in a case exceeds the monetary limits prescribed above. Filing of appeal in such cases is to be decided on merits of the case.”

We find that the tax effect involves in the appeal of the Revenue is below Rs.20 lakhs. There is no dispute that the Board’s instructions or Page | 2