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Income Tax Appellate Tribunal, DELHI ‘E’ BENCH,
Before: SHRI N.K. BILLAIYA, & SHRI K.N. CHARY
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the Revenue is preferred against the order of the Commissioner of Income Tax [Appeals]-XXVIII New Delhi dated 05.01.2011 pertaining to assessment year 2006-07.
The Revenue has taken three substantive grounds of appeal. Total deletion challenged by the Revenue amounts to Rs. 27,65,000/-. It can be seen that tax effect on total amount deleted by the first appellate authority would be 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 The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”
In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.
In the result, the appeal filed by the Revenue is dismissed.
The order is pronounced in the open court on 14.08.2018.