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Income Tax Appellate Tribunal, GAUHATI BENCH: GUWAHATI,
Before: Shri A.T.Varkey & Shri Manish Borad]
ORDER
Per Shri Manish Borad, AM:
This is an appeal preferred by the Revenue against the order of the Commissioner of Income Tax(Appeals)-Shillong [hereinafter referred to as ‘CIT(A)’] dated 23.01.2018 for the assessment year 2013-14.
At the outset itself, the Ld. AR for the assessee Shri Kishor Jain submitted that revenue’ s appeal is hit by CBDT circular No. 17/2019 dated 08.08.2019 and the tax effect involved in this appeal of revenue is less than Rs. 50 lacs, therefore, the revenue’s appeal before this Tribunal is not maintainable in view of cited CBDT circular No. 17/2019 dated 08.08.2019. Since the tax effect involved in this appeal of the revenue is stated to be less than Rs.50 lacs, we hold that the revenue appeal falls in the ken of CBDT circular (supra) and so we dismiss it as not maintainable.
3. However, the liberty is given to the revenue to recall this order provided in the tax effect is found to be more than 50 Lakhs or the case falls under any of the exception clauses cited in the CBDT Circular (supra).
In the result, the appeal of the revenue is dismissed being not maintainable.
Order is pronounced in the open court on 31st March, 2022