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ITO Ward-27(1), Room No. 119, C.R.Building New Delhi vs. Uncle Nephew Impex Pvt. Ltd. A-1/69, Panchsheel Enclave New Delhi
October, 12th 2018
                 DELHI BENCH: `A' NEW DELHI


                      ITA No.-3628/Del/2015
                    (Assessment Year: 2006-07)

ITO                          vs Uncle Nephew Impex Pvt. Ltd.
Ward-27(1),                     A-1/69,
Room No. 119,                   Panchsheel Enclave
C.R.Building                    New Delhi
New Delhi                       PAN : AAACU7383B
       Assessee by            Ms. Vidh Agrawal, CA
       Revenue by             Shri G. Johnson, Sr. DR

                 Date of Hearing           11.10.2018
              Date of Pronouncement        11.10.2018



     This appeal is filed by the department against order dated
24.03.2015 passed by the Ld. Commissioner of Income Tax
(Appeals), XXII, New Delhi for assessment year 2006-07.

2.   At the outset, It is brought to our notice that the quantum
involved in this case being less than Rs. 20 lacs, squarely falls
within the ambit of Circular No. 3/2018 dated 11.07.2018 issued
by the Central Board of Direct Taxes prescribing the tax effect for
preferring appeals before Tribunal by the revenue.
                                  2      ITA NO. 3628/Del/2015

3.    After perusing the materials available on record, we find that
the amount disputed before us is below the tax effect limit
prescribed by CBDT vide Circular No. 3/2018 dated 11.07.2018
for preferring appeals before tribunal by the revenue. On perusal
of the Circular No. 3/2018 dated 11.07.2018 and the materials
available on record, Ld. Sr. DR could not point out as to how and
why such a Circular is not applicable to the facts of the case. We
also find that the Circular makes it very clear that the revised
monetary limits shall apply retrospectively to pending appeals
also. We find that the Circular is binding on the tax authorities.
Hence, we hold that the appeal of the revenue deserves to be
dismissed in terms of low tax effect vide Circular No. 3/2018
dated 11.07.2018.
3.1 However, we also note that vide CBDT's Instructions dated 20.08.2018 bearing F. No. 279/Misc.142/2007-ITJ (Pt), there has been an amendment to Para 10 of the Circular No. 3 of 2018 dated 11.07.2018 wherein the said Para 10 has been amended as under:- "10. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax effect entailed is less than the monetary limits specified in para 3 above or there is no tax effect. (a) Where the Constitutional validity of the provisions of an Act or Rule is under challenge, or (b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or 3 ITA NO. 3628/Del/2015 (d) Where addition relates to undisclosed foreign income/undisclosed foreign assets (including financial assets)/undisclosed foreign bank account. (e) Where addition is based on information received from external sources in the nature of law enforcement agencies such as CBI/ ED/DRI/SFIO/Directorate General of GST Intelligence (DGGI). (f) Cases where prosecution has been filed by the Department and is pending in the Court. " 3.2 After going through the records before us, we are of the opinion that the appeal is not covered by any of the aforesaid exceptions as enumerated in the aforesaid amendment to the Instructions and, therefore, delaying the disposal of the appeals by waiting for the Report from the Field Officers will not be in true spirit of the Circular. Accordingly, we deem it fit to treat the appeal as dismissed with the liberty to the Department to seek a recall by filing a Misc. Application before us in cases the Department's Appeal fall in any of the above exceptions. Accordingly, in view of the CBDT's Circular No. 3 of 2018 dated 11.7.2018, the captioned appeals by the Revenue are dismissed in limine.
4. In the final result, the appeal of the Revenue stand dismissed. Order pronounced in the open court on 11.10.2018 Sd/- Sd/- (G.D.AGRAWAL) (SUDHANSHU SRIVASTAVA) PRESIDENT JUDICIAL MEMBER Dated: 11.10.2018 *BR* Copy forwarded to: 1. Appellant 2. Respondent 4 ITA NO. 3628/Del/2015 3. CIT 4. CIT(Appeals) 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 11.10.2018 Date on which the typed draft is placed before the 11.10.2018 dictating Member Date on which the typed draft is placed before the 11.10.2018 Other Member Date on which the approved draft comes to the Sr. 11.10.2018 PS/PS Date on which the fair order is placed before the 11.10.2018 Dictating Member for pronouncement Date on which the fair order comes back to the Sr. 11.10.2018 PS/PS Date on which the final order is uploaded on the 11.10.2018 website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order
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