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Income Tax Appellate Tribunal, DELHI BENCH: ‘I-2’ NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI L.P. SAHU
ORDER PER SHRI BHAVNESH SAINI, J.M.
This appeal by Revenue has been directed against the assessment order dated 27.10.2015 passed u/s 143(3) r.w.s.
144C(4) of the I.T. Act passed by DCIT, Circle 27(1), New Delhi in pursuance to the order of DRP-2, New Delhi dated 31.08.2015 on the following ground:
1. “On the facts and in the circumstances of the case, the DRP-2 erred in directing the AO/TPO to consider data in regard to the comparables as available by the 30.11.2011 but not beyond this date while interrupted Rule 10D(4) of the I.T. Rules, 1962.”
Ld. Counsel for the assessee at the outset, submitted that the tax effect in the departmental appeal is less than Rs. 20 lakhs.
Therefore, appeal of the Revenue is not maintainable. Working of same is given in the Paper Book and provided to the Ld. DR. 2.1 Ld. DR did not dispute the contention of Ld. Counsel for the assessee and also submitted that after rectification order passed u/s 154 of the Act, there is no demand against the assessee.
Admittedly, the tax effect in the present appeal is less than Rs. 20 lakhs. Vide Circular No. 3/2018 dated 11.07.2018 issued by CBDT u/s 268A of I.T. Act, it has been directed that the Department shall not file appeal before the Tribunal in case where the tax effect does not exceed the monetary limit of Rs. 20 lakhs.
It is also directed that this instruction will apply retrospectively to pending appeals and appeals to be filed henceforth in Tribunals.
Pending appeals below the specified tax limit may be withdrawn/not pressed. The Ld. DR in view of the Board’s Circular above did not press the departmental appeal. The case of the Department would not fall in the exceptions provided in the above Board Circular. In the result, the departmental appeal is not maintainable as the appeal is filed against the Board instructions referred to above and, therefore, the appeal of the Department is liable to be dismissed.
In the result, the appeal of the Department is dismissed.
Order pronounced in the open court.