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Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: SH. R. K. PANDA & MS. SUCHITRA KAMBLE
BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE, JUDICIAL MEMBER 4372 & 4448/Del/2011 Assessment Years: 2002-03, 2005-06 & 2006-07 ITO M/s. Innovative Steels Pvt. Ward-11(4) Vs Ltd., N-127, Room No. 324, Greater Kailash-I New Delhi New Delhi PAN AAACI9255J (APPELLANT) (RESPONDENT) Appellant by Sh. Arun Kumar Yadav, Sr. DR Respondent by Sh. Shailesh Gupta, CA Date of hearing: 19/07/2018 Date of Pronouncement: 19/07/2018 ORDER PER BENCH
ITA No. 5750/Del /2011 filed by the revenue is directed against the order dated 14.10.2011 of the CIT (Appeals)-XIII, New Delhi relating to A. Y. 2002-03. and 4448/Del/2011 filed by the revenue are directed against the separate orders dated 12.08.2011 of the CIT (Appeals)-VIII, New Delhi relating to A. Y. 2005- 06 and 2006-07 respectively. All these appeals were heard together and are being disposed of by this common order for the sake of convenience.
The Ld. Counsel for the assessee at the outset submitted that the tax effect in all the three appeals filed by the revenue are below Rs.20,00,000/-. Therefore, in view of the latest CBDT circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt.)] dated 11.07.2018 revising the monetary limit to Rs.20,00,000/- for filing the appeals by the department before ITAT which are applicable to pending appeals also, the appeals filed by the revenue should be dismissed.
The Ld. DR on the other hand fairly conceded that the tax effect on the appeals filed by the revenue in each appeal is below Rs.20,00,000/-.
The CBDT vide circular No.03/2018 dated 11.07.2018 has revised the monetary limit for filing the appeals by the department before the ITAT. As per para 3 of the said circular it is also clarified that the pending appeals of the department before ITAT having monetary limit of Rs. 20,00,000/- will be treated as withdrawn. Since in the instant case the tax effect in all the three appeals filed by the revenue is admittedly below to Rs. 20,00,000/-, therefore, in view of the latest CBDT circular cited (supra) all the three appeals filed by the revenue are dismissed.
In the result, the appeals filed by the revenue are dismissed.
Order pronounced in the open court on 19.07.2018.