VIKRAM SINGH YADAV, A.M.: This appeal by the Revenue is directed against the order dated 07/02/2017 of CIT (A), Alwar for the assessment year 2010-11. The Revenue has raised the following grounds of appeal:-

1. On the facts and circumstances of the case and in law the CIT(A) has erred in taking wrong interpretation of Section 11(1A) whereas he himself has confirmed action of AO of invoking the provisions of section 50C of the.

2. On the facts and circumstances of the case and in law the CIT(A) has erred in allowing deemed application u/s 11(1A), ignoring the failure of assessee in applying full value of consideration as per Section 50C for acquiring new asset for the charitable objects. ITA No. 343/JP/2017 ITO Vs. M/s Seth Makhan Lal Mahawar Charitable Trust

3. Any other question of law as deemed fit in the facts and circumstances of the case may also be framed before the Honble Tribunal in the interest of justice.

2. At the time of hearing, the ld. AR of the assessee has raised an objection of maintainability of the appeal of the Revenue due to the tax effect not exceeding Rs. 20 lacs as per the CBDT Circle No. 3 of 2018 dated 11 th July,

2018. The ld. A/R submitted that in the facts of the present case, tax effect in Revenues appeal is stated to be Rs. 13,60,375/- on the addition of Rs. 67,63,760/- which is below the prescribed limit of Rs 20 lacs.

3. The ld. D/R has fairly submitted that the tax effect involved in the Revenues appeal is less than 20 lacs which is prescribed threshold limit in terms of the CBDT Circular No. 3/2018 dated 11 th July, 2018 issued in supersession of its earlier Circular No. 21 of 2015 dated 10.12.2015.

4. We have heard the rival contentions and perused the materials available on record. It is observed that the demand/ tax effect in the Revenues appeal in question is below Rs. 20.00 lacs. Under the powers vested by section. 268A(1) of the I T Act, CBDT has recently issued Circular No. 3/2018 dated 11 th July, 2018 (F No. 279/Misc. 142/2007-ITJ(Pt) instructing the authorities below that departmental appeal should not be filed before ITAT where the demand/tax effect does not exceed Rs. 20 lacs. The circular is specifically mentioned to be applicable for all pending appeals.

5. Subject to some exceptions, it is further directed by CBDT that all the departmental appeals pending before ITAT where the demand/tax effect is not ITA No. 343/JP/2017 ITO Vs. M/s Seth Makhan Lal Mahawar Charitable Trust exceeding than 20 lacs should be either withdrawn or not pressed by the departmental representatives.

6. The present appeal is not covered by any exceptions mentioned in the said CBDT circular. Since the tax demand in dispute in this departmental appeal is below the limit set out by CBDT for the appeal, the appeal of the assessee is not maintainable in view of CBDT Circular No. 3 of 2018 dated

11.07.2018. Accordingly the appeal of the Department is dismissed as not pressed/withdrawn.

7. In the result, the appeal of the Revenue is dismissed. Order pronounced in the open court on 30/07/2018. Sd/- Sd/- fot; iky jko foe flag ;kno (Vijay Pal Rao) (Vikram Singh Yadav) U;kf;d lnL;@Judicial Member ys[kk lnL;@Accountant Member Tk;iqj@Jaipur fnukad@Dated:- 30 th July, 2018 *Ranjan vknsk dh izfrfyfi vxzsfkr@Copy of the order forwarded to:

1. vihykFkhZ@The Appellant- The ITO, (Exemption), Alwar.

2. izR;FkhZ@ The Respondent- M/s Seth Makhan Lal Mahawar Charitable Trust, Alwar.

3. vk;dj vk;qDr@ CIT

4. vk;dj vk;qDr@ CIT(A)

5. foHkkxh; izfrfuf/k] vk;dj vihyh; vf/kdj.k]t;iqj@DR, ITAT, Jaipur

6. xkMZ QkbZy@ Guard File (ITA No. 343/JP/2017) vknskkuqlkj@ By order, lgk;d iathdkj@Asst. Registrar