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Income Tax Appellate Tribunal, DELHI ‘D’ BENCH,
PER N.K. BILLAIYA, ACCOUNTANT MEMBER,
This appeal by the Revenue is directed against the order dated 05.12.2014 of Commissioner of Income Tax[Appeals] - V, New Delhi pertaining to assessment year 2008-09.
The solitary grievance of the Revenue is that the ld. CIT(A) erred in deleting the penalty of Rs. 10,00,360/- imposed u/s 271(1)(c) of the I.T. Act, 1961.
This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:
“This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”
In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.
In the result, the appeal of the Revenue is dismissed.
The order is pronounced in the open court on 12.07.2018.