VIKRAMSINH HINDURAO APARADH,,KOLHAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

The cross appeals filed by Revenue and the assessee were heard together and are being disposed of by this consolidated order for the sake of convenience.

The CBDT vide Circular No.3/2018, dated 11.07.2018 has revised the monetary limits for filing of appeals by the Department before the Tribunal with retrospective effect. The tax effect in dispute in the captioned appeal is stated to be below the monetary limit of ₹ 20.00 lakhs specified in the CBDT Circular dated 11.07.2018 (supra).

In this background, the learned Departmental Representative for the Revenue was required to state his position; he has not referred to any material which would show that the captioned appeal is protected by any of the exceptions provided in para 10 of the Circular (supra).

Without going into the merit of the issues raised in the captioned appeal, this appeal is deemed to be withdrawn/not pressed as its filing is in contravention of the CBDT Circular dated 11.07.2018 (supra). Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of appeal, if the requisite material is brought to show that the

In conclusion, by applying the CBDT Circular dated 11.07.2018 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

The learned Authorized Representative for the assessee has filed a letter dated 01.08.2018 seeking permission to withdraw the captioned appeal, for which learned Departmental Representative for the Revenue has not objected. Accordingly, the prayer of assessee is granted. Thus, the appeal of assessee is dismissed as having been ‘withdrawn’.

In the result, both the appeals of Revenue and assessee are dismissed.