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Dy. Commissioner of Income Tax, Central Circle-32, New Delhi vs. M/s Utkarsh Realtech Pvt. Ltd. M-11,Middle Circle, Connaught Circus, New Delhi
October, 22nd 2019
                  (DELHI BENCH: `E': NEW DELHI)


                         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

   APPELLANT                          RESPONDENT
   Appellant by       Ms. Rakhi Bimal, Sr. DR
   Respondent by      None



[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
                                                                         Page | 2
                                                     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


[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

Copy   forwarded to:
  1.    Appellant
  2.    Respondent
  3.    CIT
  4.    CIT(Appeals)
  5.    DR: ITAT

                                                ASSISTANT REGISTRAR
                                                      ITAT NEW DELHI

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