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Judgment
R.K. Panda, AM
This appeal filed by the Revenue is directed against the order dated 22.03.2018 of the learned CIT(A)-30, New Delhi, relating to Assessment Year 2009-10.
The learned counsel for the assessee referring to the grounds of appeal filed by the Revenue submitted that the tax effect involved in the grounds raised by the Revenue is below Rs.50 Lakh. Therefore, in view of the CBDT Circular No.17/2019 dated 08.08.2019 raising the monetary limit for filing of appeals before the Tribunal to Rs.50 Lacs and subsequent CBDT letter dated 20.08.2019 clarifying that the Circular No.17/2019 would be applicable even to all pending appeals, the present appeal filed by the Revenue on account of low tax effect is not maintainable.
After hearing both sides, we find the tax effect involved in the grounds raised by the Revenue is below Rs.50 Lacs. Therefore, in view of CBDT Circular No.17/2019 dated 08.08.2019 and subsequent letter dated 20.08.2019 clarifying that the said circular is applicable even to pending appeals, the appeal filed by the Revenue is not maintainable and accordingly the same is dismissed.
However, if the Revenue at any point of time finds that the tax effect involved is more than Rs.50 Lacs or that the tax effect is protected by any exceptions prescribed in the said Circular, the Revenue is at liberty to approach the Tribunal for recall of the order and the Tribunal shall consider the same.
In the result, the appeal filed by the Revenue stands dismissed.
Oder pronounced in the open court at the time of hearing itself i.e. on 16/04/2021.