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Income Tax Appellate Tribunal - Delhi

Ito, New Delhi vs M.R. Proview Real Tech Pvt. Ltd., New ... on 23 July, 2018

     IN THE INCOME TAX APPELLATE TRIBUNAL,
         DELHI BENCHES: 'SMC': NEW DELHI
        BEFORE SHRI R.S. SYAL, VICE PRESIDENT

                     ITA No.5690/Del/2014
                    Assessment Year: 2011-12


ITO,                             Vs.       M.R. Proview Real Tech Pvt.
Ward-6(1), New Delhi                       Ltd.,
                                           190, Saini Enclave, Vikas Marg,
                                           New Delhi
                                           PAN: AAGCM4612D

  (Appellant)                                     (Respondent)


           Department by     :    None
           Department by     :    None


         Date of Hearing               :      23.07.2018
         Date of Pronouncement         :      23.07.2018



                             ORDER

The present appeal by the Revenue is directed against the order of learned CIT(A)-IX, New Delhi, dated 21.08.2014 in relation to assessment year 2011-12.

ITA No. 5690/Del/2014

2. None present for the department as well as for the assessee.

3. It is noticed that the CBDT has issued Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect, revising the monetary limit to Rs.20,00,000/- for not filing appeals before the Tribunal.

3. From the above Circular, it is palpable that the Instruction is applicable to the pending appeals also with retrospective effect and there is a clear-cut direction to the Department to withdraw or not press such appeals filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. Going by the prescription of the afore-noted Circular, I am of the view that the Revenue should have either not filed the instant appeal before the Tribunal or withdrawn the same as the tax effect in this appeal is admittedly less than the prescribed limit, i.e., Rs. 20,00,000/- for not filing the appeal. Accordingly, I dismiss the instant appeal without going into merits of the case. However, the Department is at liberty to file the Miscellaneous Application, if the tax effect is found to be more than the prescribed limit of Rs.20,00,000/- or otherwise. Accordingly, the appeal of the Revenue stands dismissed.

ITA No. 5690/Del/2014

6. In the result, appeal of the Revenue is dismissed.

The order pronounced in the open court on 23.07.2018.

Sd/-

[R.S. SYAL] VICE PRESIDENT Dated, 23rd July, 2018.

Rk/-

Copy forwarded to:

1. Appellant

2. Respondent

3. CIT

4. CIT (A)

5. DR, ITAT AR, ITAT, NEW DELHI.