ACIT, NEW DELHI vs. M/S. KARAT 87 HOTELS PVT. LTD.,, NEW DELHI

This instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in High Courts/ Tribunals. Pending appeals below the specified tax limits in para 3 above may be withdrawn / not pressed. Appeals before the Supreme Court will be governed by the instructions on this subject, operative at the time when such appeal was filed." 4. The contention of Ld. DR that she needs some time to procure the report from the Assessing Officer to work out the tax effect, is not tenable because when apparently, the appeal in question is covered under CBDT Circular No.21/2015 dated 10th December, 2015 (supra), the Revenue cannot import the facts within the knowledge of the Assessing Officer to further prolong the matter. However, in case any fact which is otherwise not on record warrants the restoration of the present appeal, the revenue is at liberty to approach the Tribunal under relevant provisions of law. 5. In view of the CBDT Circular No.21 dated 10.12.2015 having retrospective effect and what has been discussed above, we are of the considered view that the aforesaid appeal is not maintainable because of low tax effect i.e. less than Rs.10,00,000/- hence, the aforesaid appeal filed by the Revenue is hereby dismissed having been become infructuous. 6. In view of the fact that present appeal bearing is dismissed, the cross objection filed by the assessee is hereby dismissed having been become infructuous.