IN THE INCOME TAX APPELLATE TRIBUNAL
                    DELHI BENCH: `C', NEW DELHI

              BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER
                                AND
                SH. L.P. SAHU, ACCOUNTANT MEMBER

                            ITA No. 5553/Del/2015
                         Assessment Year: 2010-11

INCOME TAX OFFICER, WARD             Vs.   M/S RAGHVENDER SHANKAR
20(4),                                     FINANCE & INVESTMENT CO.
ROOM NO. 209, 2ND FLOOR, C.R.              PVT. LTD.,
BUILDING, I.P. ESTATE, NEW                 AG-5, SHALIMAR BAGH,
DELHI                                      NEW DELHI ­ 110 052
                                           (PAN: AAACR3760P)
           (Appellant)                              (Respondent)

              Department by        None
              Assessee by          Sh. Abhishek Mathur, Adv.

                                   ORDER

PER H.S. SIDHU, J.M.:

      This appeal by the Revenue against the impugned order passed by the
Ld. CIT(A)-11, New Delhi in relation to assessment year 2010-11.
2.    Earlier this case was fixed for hearing on 14.6.2018 and was
adjourned for today. Today i.e. on 18.10.2018 none appeared on behalf of
the Department     to prosecute the matter in dispute, nor filed          any
application for adjournment. Keeping in view the facts and circumstances
of the present case and the issue involved in the present Appeal, we are of
the view that no useful purpose would be served to issue notice again to the
Revenue, therefore, we are       deciding the present appeal exparte qua
assessee, after hearing the Ld. Counsel for the Assessee and perusing the
records.






3.    Ld. Counsel for the assessee submitted that the tax involved in the
present appeal is less than the prescribed limit fixed by the CBDT. Hence, he
requested to dismiss the Revenue's Appeal on account of low tax effect.
4.    We have heard the Ld. Counsel        for the assessee and perused the
relevant material on record. It is noticed that recently the CBDT has issued
Circular No. 03 of 2018, dated 11th July, 2018 with retrospective effect,
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revising the monetary limit to Rs.20,00,000/- for not filing appeals before
the Tribunal.

5.     From the afore-noted 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 appeal
filed before the ITAT, wherein tax effect is less than Rs.20,00,000/-. Going
by the prescription of the afore-noted Circular, we are 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 before the
Tribunal. Accordingly, we dismiss the instant appeal filed by the Revenue
without going into merits of the case. However, the Department is at liberty
to file Miscellaneous Application, if the tax effect is found to be more than
the prescribed limited of Rs.20,00,000/- or otherwise. Accordingly, the
appeal of the Revenue stands dismissed.






6.     In the result, the appeal of the Revenue stands are dismissed.
       The decision is pronounced on 18th October, 2018.

                     Sd/-                                       Sd/-

            (L.P. SAHU)                                  (H.S. SIDHU)
     ACCOUNTANT MEMBER                                JUDICIAL MEMBER

Dated: 18th October, 2018.
"SRBHATNAGAR"


Copy forwarded to:

1.     Appellant
2.     Respondent
3.     CIT
4.     CIT(A)
5.     DR


                                                    Asst. Registrar, ITAT, New Delhi
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