INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E : NEW DELHI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI K.N.CHARY, JUDICIAL MEMBER ITA No. 2853/Del/2015 (Assessment Year: 2011-12) Asst. Commissioner of Income Tax, Vs. Shri Harjeet Singh, Central Circle-06, New Delhi A-40, Antariksh Apartments, Sector-14, Rohini, New Delhi PAN: AISPS5251P (Appellant) (Respondent) CO No. 119/Del/2018 (In ITA No. 2853/Del/2015) (Assessment Year: 2011-12) Shri Harjeet Singh, Vs. Asst. Commissioner of Income A-40, Antariksh Apartments, Sector- Tax, 14, Rohini, New Delhi Central Circle-06, New Delhi PAN: AISPS5251P (Appellant) (Respondent) Revenue by : Ms. Rinku Singh, Sr. DR Assessee by: Shri Ved Jain, Adv ITA No. 3874/Del/2016 (Assessment Year: 2012-13) ITO, Vs. Narender Kumar Goyal (HUF), Ward-63(1), 2483/F-1, Shri Ram Place, New Delhi Delhi PAN: AABHN8822L (Appellant) (Respondent) Revenue by : Ms. Rinku Singh, Sr. DR Assessee by: None ITA No. 5685/Del/2016 (Assessment Year: 2010-11) DCIT, Vs. Makahan Lal Singla, Central Circle-1, 52, North Avenue, Punjabi Faridabad Bagh, West, North Avenue, New Delhi PAN: AAMPL6058R (Appellant) (Respondent) Revenue by : Ms. Rinku Singh, Sr. DR Assessee by: Shri Parichary Solanki, CA Page | 1 ITA No. 606/Del/2016 (Assessment Year: 2010-11) ACIT, Vs. M/s. KCM Agriculture Farms, Circle, C/o. Rajesh Bahl, 2211, Sector- Karnal 13, Karnal PAN: AANFK9730C (Appellant) (Respondent) Revenue by : Ms. Rinku Singh, Sr. DR Assessee by: Shri RC Rai, CA ITA No. 6551/Del/2015 (Assessment Year: 2011-12) ACIT, Vs. Garg Industries Ltd, Circle-10(2), D-128, Upper Ground Floor, New Delhi New Rajindra Nagar, Shanker Road, New Delhi PAN: AABCG4910H (Appellant) (Respondent) CO No. 20/Del/2016 (In ITA No. 6551/Del/2015) (Assessment Year: 2011-12) Garg Industries Ltd, Vs. ACIT, D-128, Upper Ground Floor, New Circle-10(2), Rajindra Nagar, Shanker Road, New New Delhi Delhi PAN: AABCG4910H (Appellant) (Respondent) Revenue by : Ms. Rinku Singh, Sr. DR Assessee by: Shri Ved Jain, Adv Date of Hearing 28/08/2019 Date of pronouncement 29/08/2019 ORDER PER PRASHANT MAHARISHI, A. M. 1. These are appeals filed by Department and cross objections filed by assessee against order of respective ld CIT(A) for respective assessment Years. 2. At outset of hearing itself, ld. ARs brought to our attention that CBDT vide Circular No. 17/2019 dated 08th August 2019 has decided that revenue Page | 2 would not prefer any appeal before Tribunal if tax effect is less than Rs. 50 lakhs. Therefore, he pleaded that appeal of revenue be decided as per Instruction of CBDT. 3. ld DRs vehemently objected to same and submitted that it applies prospectively and not to pending appeals. 4. We have heard contention of rival parties and perused material on record. We find that CBDT vide Circular No. 17/2019 dated 08 th August 2019 has enhanced monetary limit for filing appeal by department before Income Tax Appellate Tribunal, Hon ble High Courts and Hon ble Supreme Court. relevant para of aforesaid circular is reproduced as under :- 2. As step towards further management of litigation, it has been decided by Board that monetary limits for filing of appeals in income-tax cases be enhanced further through amendment in Para 3 of Circular mentioned above and accordingly, table for monetary limits specified in Para 3 of Circular shall read as follows: S.No. Appeals/SLPs in Income-tax Monetary Limit (Rs.) matters 1. Before Appellate Tribunal 50.00,000 2. Before High Court 1.00.00.000 3. Before Supreme Court 2.00,00.000 3. Further, with view to provide parity in filing of appeals in scenarios where separate order is passed by higher appellate authorities for each assessment year vis-a-vis where composite order for more than one assessment years is passed, para 5 of circular is substituted by following para: "5. Assessing Officer shall calculate tax effect separately for every assessment year in respect of disputed issues in case of every assessee. If, in case of assessee. disputed issues arise in more than one assessment year, appeal can be filed in respect of such assessment year or years in which tax effect in respect of disputed issues exceeds monetary' limit specified in para 3. No appeal shall be filed in respect of assessment year or y ears in which tax effect is less than monetary limit specified in para 3. Further, even in case of composite order of any High Court or appellate authority which involves more than one assessment year and common issues in more than one assessment year, no appeal shall be filed in respect of assessment year or years in which tax effect is less than monetary limit specified in para 3. In case where composite order/ judgement involves more than one assessee. each assessee shall be dealt with separately. 4. said modifications shall come into effect from date of issue of this Circular. 5. same may be brought to notice of all concerned. Page | 3 6. This issues under section 268A of Income-tax Act, 1961. 5. We find that tax effect involves in appeal of Revenue is below Rs. 50 lakhs. There is no dispute that Board s instructions or directions issued to Income-tax authorities are binding on those authorities, therefore, Department should have withdrawn/not pressed present appeal in view of aforesaid instruction since tax effect in instant appeal is less than amount of Rs. 50 lakhs. issue of applicability of above circular to pending appeals has been decided by coordinate bench in Dinesh Madhavlal Patel [TS-469-ITAT- 2019(Ahd)] 2019-TIOL-1556-ITAT-AHM dated 14th August, 2019 . 5. In view of above, Circular No. 17/2019 dated 08/08/2019 will apply to all pending appeals. Therefore precedent, it is held that appeal is not maintainable in instant case as tax effect is less than Rs. 50 lakhs. Accordingly, it is held that appeal filed by revenue is not maintainable. We also hastened to add that certain times instances stated in para No. 10 of CBDT Circular No. 3/2018 dated 11.07.2018 is not discernable from assessment and appellate orders, therefore, in such cases, we also give liberty to revenue that if such instances comes to their notice than, revenue may file miscellaneous application with such evidences. 6. In result, appeals filed by department and cross objections filed by assessee are dismissed. Order pronounced in open court on 29/08/2019. -Sd/- -Sd/- (K.N.CHARY) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 29/08/2019 K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Page | 4 Asst. Commissioner of Income-tax, Central Circle-06, New Delhi v. Harjeet Singh