IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT & SHRI K.NARASIMHA CHARY, JUDICIAL MEMBER ITA NO.1804/DEL/2015 ASSESSMENT YEAR: 2011-12 DCIT, CIRCLE-32, NEW DELHI. VS M/S MEGA INTRAPROJECTS P. LTD., M-11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, NEW DELHI. PAN: AAGCM0823Q REVENUE BY SH. S.R. SENAPATI, SR.DR ASSESSEE BY SHRI AJAY BHAGWANI, CA ORDER PER SHRI K.NARASIMHA CHARY, JM CHALLENGING THE ORDER OF THE LEARNED COMMSSIONER OF INCOME-TAX (APPEALS)- XXX, NEW DELHI (FOR SHORT LD. CIT(A)) DATED 29.12 .2014, REVENUE PREFERRED THIS APPEAL. 2. AT THE OUTSET, IT IS BROUGHT TO OUR NOTICE THAT THE SUBJECT MATTER INVOLVED IS RS.5,9,45,874/- AND TAX THEREON IS RS.18,37,275/-, BEING LESS THAN RS.20 LACS, DATE OF HEARING 30.07.2018 DATE OF PRONOUNCEMENT 30.07.2018 2 SQUARELY FALLS WITHIN THE AMBIT OF CIRCULAR NO.3/201 8 DATED 11.07.2018 ISSUED BY THE CENTRAL BOARD OF DIRECT TAXES PRESCRIBING THE T AX EFFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE AMOUNT DISPUTED BEFORE US IS BELOW THE TAX EFFECT LIMIT PR ESCRIBED BY CBDT VIDE CIRCULAR NO.3/2018 DATED 11.07.2018 FOR PREFERRING APPEALS B EFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO.3/2018 DATE D 11.07.2018 AND THE MATERIALS AVAILABLE ON RECORD, LD. DR COULD NOT POI NT OUT AS TO HOW AND WHY SUCH A CIRCULAR IS NOT APPLICABLE TO THE FACTS OF THE CA SE. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETARY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THAT THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESER VES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.3/2018 DATED 11. 07.2018. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DISMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERITS OF THE CA SE. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH JULY 2018 SD/- SD/- (G.D. AGRAWAL) (K. NARASIMH A CHARY) PRESIDENT JUDICIAL MEMBER DATED: 30 TH JULY, 2018 VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DRAFT DICTATED ON 30.07.2018 DRAFT PLACED BEFORE AUTHOR 30.07.2018 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON DATE OF UPLOADING ORDER ON THE WEBSITE FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.