ITO, NEW DELHI vs. SHRI ANIL KHANDELWAL, NEW DELHI

This appeal filed by the revenue is directed against the order dated 06.12.2016 of the CIT(A)-17, New Delhi relating to A. Y. 2008-09.

An adjournment application was filed by the assessee seeking adjournment of the case. However, since the tax effect on the appeal filed by the revenue is below Rs.20,00,000, therefore, the request of the assessee seeking adjournment of the case was rejected and I proceed to decide the appeal.

The Ld. DR fairly conceded that the tax effect involved in the appeal filed by the revenue is below Rs.20,00,000/-. The CBDT vide circular No.03/2018 [F.No.279/Misc.142/2007-ITJ (Pt.)] dated 11.07.2018 has revised the monetary limit to Rs.20,00,000/- for filing of the appeals by the department before 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that the pending appeals of the department before ITAT having monetary limit of Rs. 20,00,000/- will be treated as withdrawn.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 is admittedly below Rs. 20,00,000/-, therefore, in view of the latest CBDT Circular cited (supra) the appeal filed by the revenue is dismissed.

In the result, the appeal filed by the revenue is dismissed.