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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: SH. R. K. PANDA
This appeal filed by the revenue is directed against the order dated 24.08.2017 of the CIT(A)-XXV, New Delhi relating to A. Y. 2009-10.
At the time of hearing it was seen that the revenue has contested the order of the CIT (A) in deleting the addition of Rs.44,50,000/- made by the Assessing Officer u/s 68 and deleting the addition of Rs.18,100/- on account of commission. Thus, the tax effect involved in the grounds of appeal raised 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 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that the pending appeals of the department before ITAT having monetary limit of Rs. 20,00,000/- will be treated as withdrawn.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.