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ACIT, Central Circle -29, New Delhi. Vs. M/s HBN Dairies & Allied Ltd., 527B, 5th Floor, HBN Office,DMall, Plot D, District Centre, Paschim Vihar, New Delhi
September, 06th 2019
                                                                        ITA No.- 1718/Del/2017
                                                                       HBN Dairies & Allied Ltd.


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

         BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER
                            AND
      SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER

                         ITA No:- 1718/Del/2017
                       (Assessment Year: 2013-14)
   ACIT,                            M/s HBN Dairies & Allied Ltd.,
   Central Circle -29,         Vs. 527B, 5th Floor, HBN Office,D-
   New Delhi.                       Mall, Plot , District Centre,
                                    Paschim Vihar,
                                    New Delhi
   PAN No:        AAACH7852C
   APPELLANT                        RESPONDENT

              Revenue By           :      Shri Kumar Hrishikesh CIT(DR)
              Assessee By          :      Shri Varun Jain, CA



Per Anadee Nath Misshra, AM

(A)    This appeal by Revenue is filed against the order of Learned Commissioner of

Income Tax (Appeals)-30, New Delhi, ["Ld. CIT(A)", for short], dated 28.12.2016 for

Assessment Year 2013-14. Grounds taken in this appeal of Revenue are as under:


       "1.   On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in
             law & on facts in deleting the disallowance u/s 14A read with rule 8D of the
             Income Tax Rules amounting to Rs. 65,45,014/- made by the AO ignoring the
             fact that the provisions of section 14A are mandatory.
       2.    that the order of the CIT(A) is perverse, erroneous and is not tenable on facts
             and in law.

                                         Page 1 of 4
                                                                         ITA No.- 1718/Del/2017
                                                                        HBN Dairies & Allied Ltd.

       3.      That the grounds of appeal are without prejudice to each other.
       4.      The appellant craves leave to add, alter or amend any/all of the ground(s) of
               appeal before or during the course of the hearing of the appeal."



(B)    At   the    outset,   Learned    Commissioner     of   Income     Tax     (Departmental

Representative) ["Ld. CIT(DR)", for short] brought to our notice, at the time of hearing

that tax effect in this appeal is below Rs. 50,00,000/-. Both sides, [Representatives of

Revenue and the Assessee] were in agreement, at the time of hearing before us, that

the tax effect in the present 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. Having regard to the

aforesaid, the Ld. CIT(DR) for Revenue did not press the appeal.                  The learned

Authorized Representative for the assessee also submitted that the appeal was not

maintainable in view of the aforesaid CBDT Circular dated 08.08.2019 and 11.07.2018;

and aforesaid clarification dated 20.08.2019 issued by CBDT. Therefore, this appeal is

dismissed being not pressed and also being not maintainable having regard to aforesaid

CBDT 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.









                                          Page 2 of 4
                                                                  ITA No.- 1718/Del/2017
                                                                 HBN Dairies & Allied Ltd.


(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 this appeal if it is found that appeal

of Revenue is not covered by aforesaid CBDT Circulars dated 08.08.2019 and

11.07.2018.


(D)     In the result, this 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   06/9/2019.




         Sd/-                                                    Sd/-
       (AMIT SHUKLA)                                (ANADEE NATH MISSHRA)
      JUDICIAL MEMBER                                ACCOUNTANT MEMBER

Dated: 06.09.2019
Pooja/-

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


                                                     ASSISTANT REGISTRAR
                                                           ITAT NEW DELHI




                                      Page 3 of 4
                                                      ITA No.- 1718/Del/2017
                                                     HBN Dairies & Allied Ltd.




Date of dictation

Date on which the typed draft is placed before the
dictating Member
Date on which the typed draft is placed before the
Other Member






Date on which the approved draft comes to the Sr.
PS/PS

Date on which the fair order is placed before the
Dictating Member for pronouncement

Date on which the fair order comes back to the Sr.
PS/PS
Date on which the final order is uploaded on the
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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