1 ITA 4069/Mum/2018 IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H , MUMBAI Before Shri Amarjit Singh (JUDICIAL MEMBER) AND Shri G Manjunatha (ACCOUNTANT MEMBER) I.T.A No. 4069/Mum/2018 (Assessment year: 2014-15) DCIT-14(2)(1) M/s Hindustan Diamond 432, 4th Floor vs Co.Pvt.Ltd. M.K.Road, Aaykar Bhawan DE - 6010, Bharat Diamond Mumbai-400 020 Bourse, Bandra Kurla Complex, Bandra (E) Mumbai-400 051 PAN: AAACH0400Q APPELLANT RESPONDENT Appellant by Shri Manoj Kumar Singh-(DR) Respondent by None Date of hearing 20 -08-2019 Date of pronouncement 20 -08-2019 ORDER Per G MANJUNATHA, AM : This appeal filed by Revenue is directed against order of CIT(A)- 22, Mumbai dated 14/03/2018 and it pertains to AY 2014-15. 2. None appeared for assessee. We have heard Ld. DR and perused materials available on record. During course of hearing, ld. DR for revenue submitted that tax effect involved in this appeal filed by 2 ITA 4069/Mum/2018 revenue is less than Rs. 20 lacs and in view of latest CBDT circular No. 3/2018 dated 11-7-2018, and also modified circular No. 17/2019 dated 08/08/2019, appeal filed by revenue is not maintainable and needs to be dismissed. Ld. DR, further argued that, issue involved in this appeal is appears to be covered by exception provided under clause (e) of subsequent circular and therefore, if required revenue shall be allowed to file miscellaneous application to relcall order. We, find that, CBDT, recently had issued circular no. 3/2018 dated 11-7-2018, superseding its earlier circular no. 21/2015 and enhanced monetary limit for filing appeal before various appellate authorities and accordingly, enhanced monetary limit to Rs. 20,00,000/- for filing appeal before Tribunal. Further, board has issued one more circular vide ciruclar no.17/2019 dated 08/08/2019 and enhanced monetary limit for filing appeal before appellate Tribunal to Rs. 50,00,000/-. Further, in said circular, CBDT had instructed its officer s to file application for withdrawal of appeal already filed or not to pursue pending appeals. We, therefore, by taking into account CBDT circular No. 3/2018 dated 11-7-2018 and circular no.17/2019 dated 08/08/2019 and also considering fact that tax effect involved in present appeal is less than amount of monetary limit fixed by CBDT for not filing appeal, dismissed appeal filed by revenue as not 3 ITA 4069/Mum/2018 maintainable. We, further noted that Co-ordinate bench of ITAT, Ahmedabad Bench in ITA.No. 1398/Ahd/2004, vide order dated 14/08/2019 has passed detailed order considering new circular issued by CBDT and held that except amendment to para 3 of circular No.3/2018 dated 11/07/2018, all other portions of circular No.03/2018 (supra) have remain intact, therefore, this circular is applicable even for pending appeals and accordingly, rejected arguments of revenue that effect of circular shall come into force from date of issue of this circular. Therefore, considering facts and circumstances of this case and also taken note of circulars issued by CBDT including circular No. 17/2019 dated 08/08/2019, and also by following decision of Co-ordinate Bench, we dismissed appeal filed by revenue as not maintainable. However, we keep open option to revenue to file miscellaneous application, if necessary, in case issues involved in present appeal comes within 3 exceptions as provided in para 10 of said circular and clause (e) of subsequent circular. 3. In result, appeal filed by Revenue is dismissed. Order pronounced in open court on 20th August, 2019 4 ITA 4069/Mum/2018 Sd/- Sd/- (Amarjit Singh) (G Manjunatha) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dt : 20-08-2019 Thirumalesh, Sr.PS Copy to : 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR /True copy/ By order Sr.PS, ITAT, Mumbai DCIT- 14(2)(1), Mumbai v. Hindustan Diamond Co. Pvt. Ltd