ITA 3975/Mum/2018 IN INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J , MUMBAI Before Shri C.N.PRASAD (JUDICIAL MEMBER) AND Shri G MANJUNATHA (ACCOUNTANT MEMBER) I.T.A No. 1831/Mum/2018 (Assessment year: 2003-04) DCIT- 8(2)(1) M/s VAI ENGINEERING & Aayakar Bhavan, R.No. 624, 6th vs AUTOMATION PVT Floor, M.K.Road, LTD(Through its Successor Mumbai-400 020 Simens Limited), No. 130, Pandurang Budhkar Marg, Worli, Mumbai-400025 PAN: AABCV8348L APPELLANT RESPONDENT Appellant by Shri Rajeshwar Yadav-(DR) Respondent by Nitesh Joshi Date of hearing 03 -09 - 2019 Date of pronouncement 03 -09 - 2019 ORDER Per G MANJUNATHA, AM: This appeal filed by Revenue is directed against order of CIT(A)- 22, Kolkota dated 22/12/2017 and it pertains to AY 2003-04. 2. We have heard both parties and perused materials available on record. During course of hearing, ld. AR for assessee submitted that tax effect involved in this appeal filed by revenue is less than Rs. 50 2 ITA 3975/Mum/2018 lacs and in view of latest CBDT circular No.17/2019 dated 08/08/2019, appeal filed by revenue is not maintainable and needs to be dismissed. ld. DR, on other hand submitted that, tax effect involved in this appeal is less than Rs. 50 lacs, however, he further argued that, issue involved in this appeal is appears to be covered by exception as 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 had 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 3 ITA 3975/Mum/2018 filed by revenue as not maintainable. We, further noted that ITAT, Ahmedabad Bench in ITA.No. 1398/Ahd/2004, vide order dated 14/08/2019 had 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. We, further naoted that CBDT had issued clarification and stated that new circular is applicable from retrospective effect. 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 of Ahmedabad Bench decision in ITA.No. 1398/Ahd/2004, vide order dated 14/08/2019, 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. 4 ITA 3975/Mum/2018 3. In result, appeal filed by Revenue is dismissed. Order pronounced in open court on 03 September, 2019 Sd/- Sd/- (C.N.PRASAD) (G Manjunatha) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dt : 03-09-2019 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- 8(2)(1), Mumbai v. Vai Engineering & Automation Pvt. Ltd.(Through its Successor Simens Limited)