ACIT, NEW DELHI vs. SH. SANJAY BHAGAT, NEW DELHI

This appeal filed by the revenue is directed against the order dated 17.02.2015 of the CIT(A)-17, New Delhi relating to A. Y. 2008-09. The assessee has also filed cross objection against the appeal filed by the revenue. For the sake of convenience these were heard together and are being disposed of by this common order.

The Ld. Counsel for the assessee, at the outset, submitted that the tax effect involved in the grounds raised by the revenue is 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 which also applies to pending appeals filed by the department, the appeal filed by the revenue is not maintainable.

The Ld. DR fairly conceded that the tax effect involved in the appeal filed by the revenue is below Rs.20,00,000/-.

After hearing both the sides, we find that the tax effect involved in the grounds raised by the revenue is admittedly 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that the pending appeals of the department before ITAT having monetary limit of Rs. 20,00,000/- will be treated as withdrawn.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.

Since the appeal filed by the revenue is dismissed, therefore, the cross objection filed by the assessee becomes infructuous and accordingly the same is dismissed.

In the result, the appeal filed by the revenue and cross objection filed by the assessee are dismissed.