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Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI
Before: SHRI G.D. AGRAWAL & SHRI K.NARASIMHA CHARY
Date of Hearing 23.07.2018 Date of Pronouncement 23.07.2018 ORDER PER K. NARASIMHA CHARY, J.M. Aggrieved by the order of the learned Commissioner of Income-tax (Appeals)- 9, New Delhi (for short “CIT(A)”} dated 27.8.2015, revenue preferred this appeal against the deletion of additions of Rs.36,05,541/- on account of late deposit of employee’s contribution to PF/ESI and Rs.56,700/- made on account of Section 14A of the Income-tax Act, 1961 (“the Act”).
At the outset, it is submitted by the learned AR that the quantum involved in this case being less than Rs.20 lacs, squarely falls within the ambit of Circular No.3/2018 dated 11.07.2018 issued by the Central Board of Direct Taxes prescribing the tax effect for preferring appeals before Tribunal by the revenue.
After perusing the materials available on record, we find that the amount disputed before us is below the tax effect limit prescribed by CBDT vide Circular No.3/2018 dated 11.07.2018 for preferring appeals before tribunal by the revenue. On perusal of the Circular No.3/2018 dated 11.07.2018 and the materials available on record, Ld. DR could not point out as to how and why such a Circular is not applicable to the facts of the case. We also find that the Circular makes it very clear that the revised monetary limits shall apply retrospectively to pending appeals also. We find that the Circular is binding on the tax authorities. Hence, we hold that the appeal of the revenue deserves to be dismissed in terms of low tax effect vide Circular No.3/2018 dated 11.07.2018. Accordingly, this being a low tax effect case, we dismiss this appeal of revenue in limine, as unadmitted, without going into the merits of the case.