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Sahara India Financial Corpn. Ltd., 1-Kapoorthala Complex, Aliganj, Lucknow. Vs. The Addl. Commissioner of Income Tax, Central Range-I, New Delhi.
November, 07th 2019

Referred Sections:
Section 272A(l)(c) of the Income Tax Act.
Section 273B of the Income Tax Act
Section 131 of the Income Tax Act

                  (DELHI BENCH: `A': NEW DELHI)


                       ITA No:- 5298/Del/2016
                     (Assessment Year: 2010-11)

   Dy.   Commissioner    of    M/s Asis Moulds India Pvt.
   Income Tax, Circle-3(2), Vs Ltd., 33, Udyog Vihar, Ecotech
   New Delhi                   II, Greater Noida-201306 (UP)

   APPELLANT                            RESPONDENT
   Appellant by        Sh. Sanjay Kapoor, Sr. DR
   Respondent by       Sh. Sidhartha Kanwar, Adv



[A].   This appeal has been filed by Revenue against the order

dated 05.07.2016 passed by Learned Commissioner of Income

Tax(Appeals)-I, New Delhi [in short, "Ld.CIT(A)"] pertaining to

assessment year 2010-11. 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) The Ld. CIT(A) erred in law and on facts in directing the AO to
       restrict the disallowance of indirect expenses to 25% without any
       basis as against 50% disallowed by the AO.

   (2) The Ld. CIT(A) erred in law and on facts in deleting addition of Rs.
                                                    ITA No: - 5298/Del/2016

       30,45,988/- on account of unconfirmed creditors and Rs.
       47,30,277/- on account of unconfirmed advance from customers
       despite the fact that the assessee has not furnished any details
       before the AO.

[B].   At the outset, it was brought to the notice by learned counsel

for the Assessee, 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.   The   learned

Departmental Representative also did not press the appeal.

Accordingly, this appeal is dismissed being not pressed, and also

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.

[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
                                                                   Page | 2
                                              ITA No: - 5298/Del/2016

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 07.11.2019.

     Sd/-                                          Sd/-
  (H.S. SIDHU)                            (ANADEE NATH MISSHRA)
JUDICIAL MEMBER                            ACCOUNTANT MEMBER
Dated: 07.11.2019

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