2019 (9) TMI 1479

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..... is dismissed.
SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER For the Appellant : Shri Atiq Ahmad, Sr.DR For the Respondent : Shri B.L. Gupta, ITP ORDER PER O.P. KANT, A.M.: The present appeal by the Revenue is directed against order dated 19.01.2017, passed by learned Commissioner of Income Tax (Appeals)-33, New Delhi, for assessment year 2012-13. 2. At the outset, the learned Sr. DR brought to our attention that CBDT, vide Circular No. 17/2019 dated 08th August, 2019, has decided that the Revenue would not prefer any appeal before the Tribunal, if the tax effect is less than ₹ 50 lakhs. Therefore, he pleaded that the appeal of the Revenue be decided as per the Instruction of the CBDT. 3. We find .....

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..... ncome Tax Appellate Tribunal. High Courts and SLPs/appeals before Supreme Court have been specified. Representation has also been received that an anomaly in the said circular at para 5 may be removed. "2. As a step towards further management of litigation. it has been decided by the Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of the Circular mentioned above and accordingly, the table for monetary limits specified in Para 3 of the Circular shall read as follows: S.No Appeals/SLPs in income tax matters Monetary Limit (Rs.) 1. Before Appellate Tribunal 50,00,000/- 2. Before High Court 1,00.00.000/- 3. Before Supreme Court 2,00,00,000/- 3. Further, with a .....

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..... e Income-tax Act, 1961." 4. Further, CBDT vide Circular dated 20th August, 2019 (F. No. 279/19-93/2018-ITJ), has clarified that it will apply to all pending appeals. Thus, in view of the aforesaid circular, the appeals of the Revenue are dismissed as non-maintainable as the tax effect involved in the appeals is below ₹ 50 lakhs. However, it is made clear that the Department is at liberty to file Miscellaneous Application for recalling of the order, if the tax effect is found to be more than the prescribed limit of ₹ 50,00,000/- or any of the conditions etc., as available in the amendment carried out in para 10 of Circular No. 3/2018, dated 20.08.2018, is made out. 5. In the result, the appeal of Revenue is dismissed. Order is .....

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