IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH: `E': NEW DELHI)
BEFORE SHRI SUSHMA CHOWLA, JUDICIAL MEMBER
AND
SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER
ITA No:- 4797/Del/2015
(Assessment Year: 2011-12)
Dy. Commissioner of M/s Utkarsh Realtech Pvt. Ltd.
Income Tax, Central Vs M-11,Middle Circle, Connaught
Circle-32, New Delhi Circus, New Delhi
PAN-AABCU0945J
APPELLANT RESPONDENT
Appellant by Ms. Rakhi Bimal, Sr. DR
Respondent by None
ORDER
PER ANADEE NATH MISSHRA, AM
[A]. This appeal has been filed by the Revenue against the order dated
27.03.2015 passed by Learned Commissioner of Income Tax (Appeals)-
XXX, New Delhi [in short "Ld. CIT(A)"] pertaining to assessment year
2011-12. In this appeal, the tax effect is less than the monetary limit
fixed by the Central Board of Direct Taxes (in short "CBDT") in its
Circular No.17/2009 dated 08.08.2019. The Revenue has raised
following grounds of appeal:-
1. On the facts and in the circumstances of the case, the Ld.
CIT(A) has erred in law and on facts in holding that the interest is
ITA No: - 4797/Del/2015
paid and received only on the extension of PDCs and not for the
entire period of PDCs.
2. On the facts and in the circumstances of the case and in law,
the Ld. CIT(A) has erred in giving directions that interest on PDCs is
to be calculated after six months of issue of PDCs i.e. date of sale.
3. On the facts and in the circumstances of the case and in law,
the Ld. CIT(A) has erred in not considering the relevant seized
material while deciding the issue of interest on PDCs.
4. The order of the CIT(A) is erroneous and is not tenable on facts
and in law.
[B]. At the outset, it was brought to the notice by us, at the time of
hearing that tax effect in this appeal is below Rs. 50,00,000./-. Vide
recent CBDT Circular No.17/2019 dated 08.08.2019 read with earlier
CBDT Circular No. 3 of 2018, dated 11.07.2018, minimum threshold
limit of tax effect of filing of appeals by Revenue in Income Tax Appellate
Tribunal ("ITAT", for short) has been enhanced to Rs. 50,00,000/-. In a
subsequent clarification issued by CBDT vide F.No. 279/Misc/M-
93/2018-ITJ, dated 20/08/2019, it has been clarified by CBDT that the
aforesaid revised monetary limit is also applicable to all pending appeals
in ITAT. Therefore, in view of the foregoing, we are of the view that this
appeal filed by Revenue is not maintainable. Accordingly this appeal is
dismissed being not maintainable, having regard to aforesaid CBDT
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ITA No: - 4797/Del/2015
Circular No. 17/2019 dated 08.08.2019 read with aforesaid CBDT
Circular No. 3 of 2018 in the light of aforesaid clarification dated
20/08/2019.
[C]. Before leaving, we clarify that Revenue will be at liberty to
approach Income Tax Appellate Tribunal U/s 254(2) of Income Tax
Act, 1961 seeking recall of this order and, for restoration of the
appeal if it is found that this appeal of Revenue is not covered
by aforesaid CBDT Circulars dated 08.08.2019 and 11.07.2018.
[D]. In the result, the appeal by Revenue is dismissed. Our decision
was orally pronounced in the Open Court after conclusion of hearing on
the date of hearing. Now, this written order is pronounced in Open Court
on 22.10.2019.
Sd/- Sd/-
(SUSHMA CHOWLA) (ANADEE NATH MISSHRA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 22.10.2019
SH
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
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