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Ito, Ward-16(4), New Delhi v. Mishry Holdings P.ltd, New Delhi

Ito, Ward-16(4), New Delhi v. Mishry Holdings P.ltd, New Delhi

(Income Tax Appellate Tribunal, Delhi)

ITA 5566/DEL/2017 | 31-10-2019

PER SUSHMA CHOWLA, JM: The present bunch of appeals filed by the Revenue are against the separate orders of different CIT(A), New Delhi, relating to different Assessment Years [as mentioned in Annexure A] passed under section 143(3) of the Income-tax Act, 1961 (in short the).

2. The captioned appeals have been listed by Registry before the Bench on the ground that they involve low tax effect. Page | 3

3. The Ld. DR for the Revenue fairly pointed out that the present appeals are to be withdrawn as the tax effect involved in the appeals is below Rs.50 Lacs.

4. The CBDT vide Circular No.17/2019 dated 08.08.2019 has revised the monetary limit for filing the appeals before the Tribunal to Rs.50 Lacs. Further, CBDT vide letter dated 20.08.2019 has also clarified that Circular No.17/2019 would be applicable to all pending appeals. In such circumstances, the present appeals filed by the Revenue in case of low tax effect are not maintainable.

5. Before parting, we clarify here that the Revenue shall be at liberty to approach the Tribunal for re-institution of any of the appeal/s, if the requisite material is brought to show that the appeal/s are protected by the exceptions prescribed in para 10 of the Circular dated 11.07.2018.

6. In conclusion, by applying the CBDT Circular dated 08.08.2019 and letter dated 20.08.2019 (supra), the captioned appeals of the Revenue are dismissed as withdrawn/not pressed.

7. The Cross objection Nos. 206/Del/2017 & 204/Del/2017 become academic and hence, dismissed. Page | 4

8. In the result, all the appeals of Revenue and both cross-objections of assessee are dismissed. Order pronounced in the open court on 31 st day of October, 2019. Sd/- Sd/- (PRASHANT MAHARISHI) (SUSHMA CHOWLA)    /ACCOUNTANT MEMBER        /JUDICIAL MEMBER     / Dated : 31 st October, 2019. * Amit Kumar * . $ 4$/Copy of the Order is forwarded to : 1. , / The Appellant 2. -, / The Respondent 3. 6() / The CIT(A) 4. 9 6 / The Pr. CIT 5. 6. $ , ,  / DR, ITAT, Delhi % / Guard file. / BY ORDER, -$ //True Copy// >@, ,     Assistant Registrar, ITAT, Delhi

Advocate List
Bench
  • MS. SUSHMA CHOWLA, JUDICIAL MEMBER
  • SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
Eq Citations
  • LQ/ITAT/2019/24596
Head Note

Income Tax — Appeals — Maintainability — CBDT Circular No. 17/2019 dated 08.08.2019 — Monetary limit for filing appeals before Tribunal revised to Rs. 50 lacs — Circular applicable to all pending appeals — Appeals filed by Revenue with low tax effect not maintainable — Income Tax Act, 1961, s. 143(3).