BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
MS SUCHITRA KAMBLE, JUDICIAL MEMBER
ITA No. 2139/Del/2019
Assessment Year: 2013-14
ACIT,
Circle-62(1),
New Delhi.
v.
Pawan Kumar,
Office No. 6, 2nd Floor, Kamla Palace, Gurgaon.
PAN: AKKPK4769L
(Appellant) (Respondent)
Assessee by: None
Revenue by: Ms Naina Soin Kapil, Sr. DR
Date of Hearing: 23.08.2019
Date of Pronouncement: 28.08.2019
PER R.K. PANDA, AM:
This appeal filed by the Revenue is directed against the order dated 27.12.2018 of the CIT(A)-35, New Delhi, relating to assessment year 2013-14.
2. None appeared on behalf of the assessee. Since the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs, therefore, this appeal was taken for hearing.
3. A perusal of the record shows that the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs. The CBDT, vide Circular No. 17/2019 dated 8th August, 2019, has raised the monetary limit for filing of appeal by the Revenue before the Tribunal to Rs.50 lakhs. Vide Notification dated 20th August, 2019, it has been clarified that the revised monetary limit so mentioned in the Circular No. 17/2019 is applicable even to pending appeals. Since, in the instant case, admittedly, the tax effect involved in the grounds raised by the Revenue is below Rs.50 lakhs, therefore, in view of the CBDT Circular No. 17/2019 dated 8th August, 2019 and the subsequent clarification by the CBDT on 20th August, 2019 to the effect that the said Circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable. Accordingly, the same is dismissed.
4. In the result, the appeal filed by the Revenue is dismissed.
The decision was pronounced in the open court on 28.08.2019.
Sd/-
(SUCHITRA KAMBLE)
JUDICIAL MEMBER
Sd/-
(R.K. PANDA)
ACCOUNTANT MEMBER
Dated: 28th August, 2019
dk
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Asstt. Registrar, ITAT, New Delhi
ACIT, Circle-62(1), New Delhi vs Pawan Kumar, Gurgaon – ITA 2139/DEL/2019
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