ITO, SONEPAT vs. M/S. DEEP CONSTRUCTION CO., SONEPAT

PER SUDHANSHU SRIVASTAVA, J.M. This appeal is filed by the department against order dated 20.05.2016 passed by the Ld. CIT(A), Rohtak for assessment year 2009-10 wherein vide the impugned order. The Ld. CIT(A) has restricted the addition on gross profit estimation from 12% to 4 % by considering the past assessments of the assessee. Admittedly as per the working of the tax effect on record filed by the Department the tax involved is Rs. 16,89,780/- and, thus, in view of Circular No. 3/2018 dated 11.07.2018 and the material available on record, the Ld. Sr. DR could not point out if this case fell under any of the exceptions as provided in the aforesaid Circular. We also find that the aforesaid Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No. 03/ 2018 dated 11.07.2018. Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as un-admitted, without going into the merits of the case.

Order pronounced in the open court on 31.07.2018