Iapl/303/2017 Of Principal Commissioner Of Income Tax Meerut v. M/S Girnar Textiles

Case :- INCOME TAX APPEAL No. - 303 of 2017 Appellant :- Principal Commissioner Of Income Tax MeerutRespondent :- M/S Girnar TextilesCounsel for Appellant :- Manu Ghildyal Counsel for Respondent :- Pratik Chandra,Saubhagya Agarwal Hon'ble Bharati Sapru,J.Hon'ble Piyush Agrawal,J. (Delivered by Hon'ble Piyush Agrawal,J.) Present appeal has been filed under Section 260-A of the Income tax Act, 1961 (hereinafterreferred to as the Act) against the judgment andorder dated 23.3.2017 in ITA No. 4334/Del/2015(Assessment Year 2008-09) passed by theIncome Tax Appellate Tribunal, Delhi Bench "E"New Delhi. The appeal has been admitted on thefollowing substantial question of law: "Whether the Ld. ITAT was correct in law in confirming theorder of CIT (A) wherein the consequential order passed by theAO u/s 143(3)/263 was deleted on the ground that order passedu/s 263 has already been set aside and no material was placedon record to demonstrate the Tribunals' order setting aside therevisional order has been modified or reversed by in anymanner by the Hon'ble High Court overlooking the fact thatappeal of revenue has been admitted before the Hon'ble HighCourt, Allahabad against the order dated 30.3.2015 of theITAT?" We have heard Sri Manu Ghildiyal, learnedcounsel for the Revenue and Ms. SaubhagyaAgarwal, learned counsel appearing for therespondent assessee. A preliminary objection has been raised by thecounsel for the respondent about themaintainability of the appeal in view of theCircular No. 3 of 2018 of F.No.279/Misc.142/2007-ITJ(Pt), Government ofIndia, Ministry of Finance, Department of Revenue, Central Board of Direct Taxes dated11.7.2018. On perusal of the record it revealed that thepresent appeal has been filed only assailing thedeletion of Rs. 41,12,950/-. In view of the aforesaid fact that the amount ofRs. 41,12,950/- is much below the monetary limitprescribed in the aforementioned Circular, hencethe present appeal is not maintainable. The appealis liable to be dismissed in view of the CircularNo.3 of 2018 dated 11.7.2018. The appeal fails and is dismissed. Order Date :- 11.3.2019samz