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| The Tax Publishers2020 TaxPub(DT) 0016 (Del-Trib) : (2019) 179 ITD 0229 INCOME TAX ACT, 1961
Section 268A
In view of clarification issued by CBDT revised enhanced minimum threshold limit of tax effect of Rs. 50,00,000 vide CBDT Circular No. 17/2019, dated 8-8-2019 is applicable not only for appeals to be filed by Revenue in future but also for appeals already filed by Revenue in ITAT. Accordingly, appeals filed by revenue having tax effect below Rs. 50 lakhs had to be treated as withdrawn/not pressed by revenue, to be not maintainable having tax effect below Rs. 50 lakhs had to be treated as withdrawn/not pressed by revenue, to be not mainainable.
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Appeal (Tribunal) - Maintainability - Low tax effect -
Revenue by way of appeal filed before Tribunal challenged order passed by CIT(A), however, tax effect involved was less than Rs. 50 lakhs. Revenue's case was that revised/enhanced minimum threshold limit of tax effect of Rs. 50,00,000 was applicable only for appeals to be filed by revenue in future.Held: In view of clarification issued by <>CBDT revised enhanced minimum threshold limit of tax effect of Rs. 50,00,000 vide CBDT Circular No. 17/2019, dated 8-8-2019 is applicable not only for appeals to be filed by Revenue in future but also for appeals already filed by Revenue in ITAT. Accordigly, appeals filed by revenue having tax effect below Rs. 50 lakhs had to be treated as withdrawn/not pressed by revenue, to be not maintainable.
Followed:Special Leave Petition (Civil Diary 25086/2019.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2015-16
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