DCIT 4 (3)(2), MUMBAI V. ANUPAM G. MITTAL, MUMBAI

MA 313/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4066 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 23-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R. S. SAMIRA
• Keywords: Audit objection; Tax effect; Retrospective amendment; Tax effect; Penny stocks
• Section: 143(3); 268A; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR, VP & SHRI AMIT SHUKLA, JM M. A. No. 313/Mum/2021 Arising out of ITA No. 376/Mum/2019 (Assessment Year: 2014-15) DCIT – 4(3)(2) R. No. 649, 6 th Floor, Aayakar Bhavan, M. K. Road, Mumbai-400 020 बनाम/ Vs. Anupam G. Mittal, 205, Shiv-E-Numh, Dr. Annie Besant road, Adjecent to City Bakery, Worli Naka, Mumbai-400 018 स्थायीलेखासं./जीआइआरसं./PAN No. AABPM9375P (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant by : Shri Milind Chavan, Ld. DR प्रत्यथीकीओरसे/Respondent by : Shri R. S. Samira, Ld. AR सुनवाईकीतारीख/ Date of Hearing : 20.05.2022 घोषणाकीतारीख / Date of Pronouncement : 02.06.2022 आदेश / O R D E R Per Amit Shukla, Judicial Member: The aforesaid Misc. Application (MA) has been filed by the revenue in relation to the order passed by the Tribunal in ITA No. 2 I.T.A. No. 313/Mum/2021 Anupam G. Mittal 376/Mum/2019 dated 31.05.2021, wherein the revenue’s appeal was dismissed as not maintainable, because the disputed issue as raised in the appeal was below the prescribed monetary limit of Rs. 50 lakhs in view of the Circular No. 3/29018 dated 11.07.2018 read with Circular No. 17/2019 dated 08.08.2019 for filing of appeal before Tribunal. Admittedly, in this case, the disputed tax demand was Rs. 28,56,471/-. 2. The facts in brief are that in the year under consideration, assessee has shown LTCG of Rs 6,12,63,341/-. In the computation of capital gain assessee has claimed set off of STCL of Rs 72,85,253/- which consists of STCG of Rs 10,35,382/- from scrip Little Eye Software Labs Pvt. Ltd. and STCL of Rs 83,20,635/- on account of sale of shares of Ms Radford Global Ltd. The assessment u/s 143(3) was completed by the AO on 31.12.2016 after disallowing STCL of Rs 83,20,635/- from the scrip M/s Radford Global Ltd. 3. Ld. CIT (A) after verifying the facts and after detail discussion, deleted the additions. 3 I.T.A. No. 313/Mum/2021 Anupam G. Mittal 4. Aggrieved by the said order, revenue preferred appeal before this Tribunal (being ITA No. 376/Mum/2018). The Tribunal noted that the tax effect involved in this appeal filed by the revenue was less than Rs. 50 lakhs and accordingly in view of the CBDT Circular No. 3/2018 dated 11.07.2018 modified by Circular No. 17/2019 dated 08.08.2019, which clarified that the prescribed monetary limit would be applicable in all the pending appeals, dismissed the appeal of the revenue. The relevant observation of the Tribunal reads as under:- We, find that the CBDT, recently had issued a 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 the Tribunal. Further, the board has issued one more circular vide Circular no.17/2019 dated 08/08/2019 and enhanced monetary limit for filing appeal before appellate Tribunal to Rs. 50,00,000/-. Further, in the said circular, the 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 the CBDT circular No. 3/2018 dated 11-7-2018 and Circular no.17/2019 dated 08/08/2019 and also considering the fact that tax effect involved in the present appeal is less than the amount of monetary limit fixed by the CBDT for not filing appeal, dismissed appeal filed by the revenue as not maintainable. 4 I.T.A. No. 313/Mum/2021 Anupam G. Mittal 5. The Tribunal further kept the option opened to the revenue to file the Misc. Application in case issue involved comes within three exceptions provided in para 10 of said Circular and Clause (e) of subsequent Circular (supra). 6. The revenue in the present MA stated that, subsequently CBDT vide Circular No. 23/2019 dated 06.09.19 provided further exceptions in the case which involves organized tax evasion activity. The relevant portion of the misc. applications is reproduced below:- As per the CBDT circular No.23/2019 dated 06.09.2019 it falls under exception as the case involves organized tax evasion activity. The tax effect is below the prescribed limit, as per the CBDT circular No. 17/2019 dated 08.08.2019. Therefore in spite of tax effect being below the monetary limit as prescribed by the CBDT, the case falls under the exception enumerated in amended Para 10(e) F. No. 279/ Misc 142/2007-ITJ (pt.) dated 20.08.2018 of the circular No. 3 of 2018 dated 11.07.2018. The revenue has taken the following grounds of appeal:- 1. On the facts and in the circumstances of the case and in law the Hon'ble ITAT erred in dismissing the appeal of the revenue without going into the merit of the case, on the presumption that the tax effect is less that the prescribed limit for filing of appeal as per CBDT circular No 17/2019 dated 08.08.2019, without 5 I.T.A. No. 313/Mum/2021 Anupam G. Mittal appreciating the fact that Ld CIT(A) has directed the AO to delete the disallowance made of Rs. 83,20,635/- being alleged Short Term Capital Loss from the scrip M/s Radford Global Ltd. which has been identified as penny stock by the Investigation Wing, Kolkota and purchaser for the said scrip i.e Gajgamini Merchandise Pvt. Ltd. and Sidhiman Vyapar Pvt. Ltd. were identified as paper companies by the aforesaid Wing. 2. On the facts and in the circumstances of the case and in law the Ld CIT(A) erred in directing the AO to delete the addition made of Rs 41,603/-towards alleged commission expenses towards alleged Short Term Capital Loss. 7. Before us, Ld. DR submitted that now in the light of the CBDT Circular No. 23/2019 dated 06.09.2019 and office memorandum of CBDT dated 16.09.2019, the order of the Tribunal should be recalled because it provides exception to the monetary limit for filing the appeals where the cases involves raise to organize tax evasion activity. This case clearly falls under exception as the case involves organized tax evasion activity and thus, the conditions provided in the aforesaid circular is clearly applicable . 8. For the sake of ready reference, the CBDT Circular dated 06.09.2019 and OM dated 16.09.2019 reads as under:- 6 I.T.A. No. 313/Mum/2021 Anupam G. Mittal Circular No. 23 of 20l9 F. No. 279/Misc.lM-93/20l8-ITJ(Pt.) Government of India Ministry of Finance Department of Revenue Central Board Direct Taxes Judicial Section New Delhi, 6th September 2019 Subject: -Exception to monetary limits for filing appeals specified in any Circular issued under Section 268A of the Income-tax Act, 1961-reg Reference is invited to the Circulars issued from time to time by Central Board of Direct Taxes (the Board) under section 268A of the Income-tax Act,1961 (the Act), for laying down monetary limits and other conditions for filing of departmental appeals before Income Tax Appellate Tribunal (ITA T), High Courts and SLPs/appeals before Supreme Court. 2. Several references have been received by the Board that in large number of cases where organised tax-evasion scam is noticed through bogus Long-Term Capital Gain (LTCG)/Short Term Capital Loss (STCL) on penny stocks and department is unable to pursue the cases in higher judicial fora on account of enhanced monetary limits. It has been reported that in large number of cases, ITA Ts and High Court have recognized the unique modus operandi involved in such scam and have passed judgements in favour of the revenue. However, in cases where some appellate fora have not given due consideration to position of law or facts investigated by 7 I.T.A. No. 313/Mum/2021 Anupam G. Mittal the department, there is no remedy available with the department for filing further appeal in view of the prescribed monetary limits. 3. In this context, Board has decided that notwithstanding anything contained in any circular issued U/S 268A specifying monetary limits for filing of departmental appeals before Income Tax Appellate Tribunal (IT AT), High Courts and SLPs/appeals before Supreme Court, appeals may be filed on merits as an exception to said circular, where Board, by way of special order direct filing of appeal on merit in cases involved in organised tax evasion activity. 4. Hindi version follows. Neetika Bansal Dïrector (ITJ) CBDT, New Delhi F. No, 279/Misc./M-93/2018-ITJ(PL) Government of India Ministry of Finance Department of Revenue Central Board of Direct Taxes New Delhi. Dated: 16 th September. 2019 OFFICE MEMORANDUM Subject: -Special Order of Board exempting cases involving bogus Long Term Capital Gains(LTCG)/Short Term Capital Loss (STCL) through penny stocks from monetary limits 8 I.T.A. No. 313/Mum/2021 Anupam G. Mittal specified in any Circular issued under Section 268A of the Income-tax Act, 1961-reg The undersigned is directed to refer to Circular No. 23 of 2019 dated 6 th September, 2019 and to say that by virtue of powers of the Central Board of Direct Taxes u/s 268 A of Income-tax Act. 1961. the monetary limits fixed for filing appeals before ITAT/HC and SLPs /appeals before Supreme Court shall not apply in case of assesses claiming bogus LTCG/STCL through penny stocks and appeals/SLPs in such cases shall be filed on merits. (Abhisek Gautam) DCIT(OSD)(ITJ-1), CBDT, New Delhi. 8.1 Ld. DR further argued that otherwise also, this appeal was filed on 28.01.2019 and the earlier CBDT circular 3/2018 prescribed the monetary limit to Rs. 20 lakhs for filing the appeal before ITAT, and here the tax effect was more than 20 lakhs. Therefore, later Circular prescribing monetary limit Rs. 50 Lakhs will not be applicable. 9. On the other hand, Ld. Counsel for the assessee submitted that, firstly, the monetary limit of Rs. 20 lakhs was further increased to Rs. 50 lakhs vide Circular No. 17/2019 dated 9 I.T.A. No. 313/Mum/2021 Anupam G. Mittal 08.08.2019 which was specifically provided that the monetary limit of Rs. 50 lakhs would be applicable for the pending appeals. Further, with regard to aforesaid circulars and OM, he relied upon the judgment of Hon’ble Gujarat High Court in the case of PCIT vs. Denisha Rajendra Keshwani (2022) 134 taxmann.com 249 and PCIT vs. Anand Natwarlal Sharda (2021) 128 taxmann.com 376 (Guj), wherein the Hon’ble High Court has held that CBDT circular no. 23/2019 dated 06.09.19 and OM no. 279 dated 16.09.19 both providing that cases involving organized tax evasion scam through bogus long term capital gain /short term capital loss on penny stocks are not subject to monetary limits prescribed for filing appeals, would apply prospectively to appeals filed on or after 16.09.2019. Now this judgment has been followed and explained further by the Hon’ble Jurisdictional High Court of Bombay in the case of CIT vs. Surendra Shantilal Peety (2022) 138 taxmann.com 75 (Bom) dated 22.04.22. The Hon’ble High Court after discussing both the circular as well as new circular and OM dated 16.09.2019 categorically held that this circular was apply prospectively to the appeal filed after the date of this circular. Thus, 10 I.T.A. No. 313/Mum/2021 Anupam G. Mittal this issue stands covered and accordingly, the revenue MA should be dismissed. 10. We have heard the rival submissions and also perused the relevant circulars, judgments and orders as noted above. The revenue has filed this appeal before the Tribunal on deletion of disallowance of Rs. 83,20,635/- on alleged short term capital loss from the script M/s Redford Club limited which according to the revenue was penny stock script as found by the Investigation Wing of the Department. The total tax effect was calculated by the revenue at Rs. 28,56,471/-. The Tribunal has dismissed the appeal of the revenue on the ground that tax effect is below to the monetary limit for filing the appeal before Tribunal as cited supra. Though the order of the Tribunal has been passed on 31.05.2021, however it was in relation to the appeal filed by the revenue on 28.01.2019. Earlier CBDT circular no. 2/2018 dated 11.07.2018 vide para no. 3 has stated that the appeal shall be filed in the cases where the tax effect does not exceed monetary limit of Rs. 20 lakhs before the Tribunal. The only exception which was provided in para no. 10 which reads as under:- 11 I.T.A. No. 313/Mum/2021 Anupam G. Mittal 10. Adverse judgments relating to the following issues should be contested on merits notwithstanding that the tax entailed is less than the monetary limits specified in para 3 above or there is no tax effect: (a) Where the Constitutional validity of the provisions of an Act or Rule is under challenge, or (b) Where Board's order, Notification, Instruction or Circular has been held to be illegal or ultra vires, or (c) Where Revenue Audit objection in the case has been accepted by the Department, or (d) Where the addition relates to undisclosed foreign income /undisclosed foreign assets (including financial assets)/ undisclosed foreign bank account. (e) Where addition is based on information received from external sources in the natur of law enforcement agencies as CBI /ED /DRI /SFIO /Directorate General of GST Intelligence (DGGI). (f) Cases where prosecution has been filed by the Department and is pending in the Court. 11. Thus, none of the above exceptions were applicable in the present case in the appeal filed by the revenue. Later on vide circular no. 17/2019 dated 08.08.2019, the prescribed monetary limit for filing the appeal before Tribunal was Rs. 50 lakhs and clause 3 of the said circular clearly provided that Income Tax 12 I.T.A. No. 313/Mum/2021 Anupam G. Mittal Department is directed not to file appeal in respect of assessment year or years in which tax effect is less than the monetary limit prescribed in para 3. It is also provided that this circular will apply for all the pending appeals. Various Courts and the Tribunal have held that this Circular no. 17/2019 will apply for all the pending appeals before the Tribunal or the High Courts or the Supreme Court. 12. Thereafter, the CBDT has issued another Circular 23/2019 dated 06.09.2019, wherein exception has been provided to monetary limit wherein the cases involves organized tax evasion activity and OM dated 16.09.2019 have categorically provided that the CBDT circular of monetary limit prescribed u/s 268A of the Act will not apply on the cases of bogus LTCG /STCL through penny stocks and bills. The aforesaid circular and OM had first come for consideration before the Hon’ble Gujarat High Court in the case of PCIT vs. Anand Natwarlal Shara (supra) wherein the Hon’ble High Court observed as under:- 7. From the bare reading of the Circular dated 06.09.2019, it appears that the CBDT had decided that notwithstanding anything contained in any Circular issued under Section 13 I.T.A. No. 313/Mum/2021 Anupam G. Mittal 268A specifying C/SCA/7520/2021 CAV JUDGMENT DATED: 24/06/2021 monetary limits for filing of departmental appeals before the Income Tax Appellate Tribunal (ITAT), High Courts and SLPs/ Appeals before the Supreme Court, appeals may be filed on merits as the exception to the said Circular, where the Board by way of special order direct filing of appeals on merits in cases involved in organized tax evasion activity. The Office Memorandum dated 16.09.2019 was issued pursuant to the said circular dated 06.09.2019 stating inter alia that by virtue of the powers of CBDT under Section 268A of the Income Tax Act, the monetary limits fixed for filing appeals before ITAT/High Court and SLPs/Appeals before Supreme Court shall not lie in case of assessees claiming bogus LTCG/STCL through penny stocks and appeals/ SLPs in such cases appeals shall be filed on merits. There is nothing to suggest in the said Circular/ Office Memorandum that they shall have retrospective effect. On the contrary, from the language employed in the said Circular dated 06.09.2019, it clearly transpires that the appeals may be filed on merits as an exception to the other Circulars issued earlier, where the Board by way of special order direct filing of Appeals on merits in the cases involved in organized tax evasion activity. Therefore, by virtue of the said Circular dated 06.09.2019, the appeals could be filed on merits, irrespective of the monetary limits fixed in earlier cases, if the Board passes special order for filing appeals in cases involving tax evasion activity. The said Circular speaks about the Appeals that may be filed with the special order of the Board in future, and 14 I.T.A. No. 313/Mum/2021 Anupam G. Mittal hence could not be C/SCA/7520/2021 CAV JUDGMENT DATED: 24/06/2021 construed to have retrospective effect. The Tribunal interpreting the said Circular/ Office Memorandum in the impugned order has rightly observed that in respect of each case or category of cases whether an appeal should be filed in view of the Circular dated 06.09.2019 or not shall be decided by the Board by way of special order, and thus a specific requirement of issuance of special order by CBDT is a must. The Tribunal therefore has rightly held that the CBDT Circular No. 23/2019 dated 06.09.2019 should be read along with the Office Memorandum dated 16.09.2019, in respect of the appeals to be filed pursuant to such special orders of CBDT and shall apply to all the appeals filed on or after 16.09.2019 by the revenue, where the tax effect may be low but the appeal could still be filed by the revenue on merits. 13. This judgment was further followed by the Hon’ble Gujarat High Court in the case of PCIT vrs. Denisha Rajendra Keshwani (supra) reiterating the same principle and held that CBDT circular no. 23/2019 dated 06.09.2019 should be read alongwith OM dated 16.09.2019 and in respect of the appeals to be filed pursuant to such special order of CBDT and shall apply to all the appeals filed on 16.09.2019 by the revenue where the tax effect may be low, but the appeal could still be filed by the revenue on merits. In this case also, there was no special order of the CBDT in view of circular 15 I.T.A. No. 313/Mum/2021 Anupam G. Mittal dated 06.09.2019 and hence there was no mistake apparent from the record and Tribunal has rightly rejected the Misc. Application filed by the revenue relying on the said circular. 14. Now in the latest judgment of Hon’ble Bombay High Court in the case of CIT vs. Surendra Shantilal Peety, the latest circular and OM had come for consideration wherein following question were answered by the Hon’ble Jurisdictional High Court, which are as under:- (i) Whether the Circular No. 23/2019 dated 6 th September 2019 issued by CBDT and the office memorandum dated 16 th September 2019 would apply to the pending appeals before the ITAT/High Court/ SLPs/appeals before the Hon'ble Supreme Court on the date of the said circular? (ii) Whether pending appeals having tax effect less than the monetary limit prescribed in Circular No. 3/2018 dated 11 th July 2018 modified by Circular No. 17/2019 dated 8 th August 2019 having organized tax evasion activity, could be pursued without obtaining special order from CBDT or not ? 15. After incorporating the earlier circular No. 3/2018, 17/2019 and again 23/2019 and OM dated 16.09.2019, reliance was also placed in the case of CIT vs. Polycolt Corporation (2009) 178 16 I.T.A. No. 313/Mum/2021 Anupam G. Mittal taxamann.com 255 (Bom) and also the judgment of Hon’ble Gujarat High Court in the case of CIT vs. Surendra Shantilal Peety (supra). Their Lordships held and observed and made the following observations:- 32. In the Circular No. 23/2019 dated 6 th September 2019, the CBDT noticed that several references had been received by the Board in large number of cases where organised tax evasion came through bogus long term capital gain and short term capital loss on penny stocks and tie department was unable to pursue the cases in higher judicial fora on account of enhanced monetary limits. The Board further noticed that in large number of cases ITATs and High Court have recognized the unique modus operandi involved in such scam and had passed judgments in favour of the revenue. However, in cases where some appellate fora had not given due consideration to position of law or facts investigated by the department, there was no remedy available with the department for filing further appeal in view of the prescribed monetary limits. 33) The CBDT accordingly clarified that notwithstanding anything contained in Circular issued under section 268A specifying monetary limits for filing of departmental appeals before ITAT and High Courts and SLPs/appeals before Supreme Court, appeals may be filed on merits as an exception to die said Circular where the Board, by way of special order direct filing of appeal on merit in cases involved in organised tax evasion activity. The said Circular 17 I.T.A. No. 313/Mum/2021 Anupam G. Mittal No. 23/2019 was clarified by the Office Memorandum No. F.No. 279/MISC./M-93/2018-ITJ (PT.) dated 16 th September 2019 that by virtue of powers of the CBDT under section 268A of the IT Act 1961, die monetary limits fixed for filing appeals before ITAT/High Court and SLPs/appeal before Supreme Court shall not apply in cases of assessees claiming bogus long term capital gain/short term capital loss through penny stocks and appeals/SLPs in such cases shall be filed on merits. It is, thus, char beyond reasonable doubt that the exception is carved out by the Circular No. 23/2019 to file appeal on merits in cases involved in organized tax evasion activity notwithstanding anything contained in any circular issued under section 268A of IT Act, specifying monetary limits for filing of departmental appeals. 34) However, on plain reading of the said Circular No. 23/2019 read with Office Memorandum dated 16 th September 2019, it is clear that the appeals are directed to be filed on merits as exception to the earlier Circulars issued under section 268A of the IT Act in cases involved in organized tax evasion activity from die date of the said Circular No. 23/2019 dated 6 th September 2019 and not to the appeals already filed and were pending involved in organized tax evasion activity on the p art of assessee prior to the date of the said Circular dated 16 th September, 2019. 35. In our view, the said Circular No. 23/2019 read with Of ice Memorandum dated 16 th September 2019 would not apply to the pending appeals though involving an organized tax evasion activity 18 I.T.A. No. 313/Mum/2021 Anupam G. Mittal on the date of the said Circular. The said Circular No. 23/2019 does not provide that the said Circular would apply even to the pending cases lodged on the date of the Circular. In our view, those pending appeals on the date of the said Circular No. 23/2019 thus would not be covered by the said Circular No. 23/2019 even with the special order of the CBDT. 36) In our view, the said Circular No. 23/2019 dated 6 th September 2019 read with Office Memorandum dated 16 th September 2019 do not empower the CBDT to pass any special order directing the income tax department to file an appeal on merits in pending cases even if alleging organized tax evasion activity on the part of the assessee. 37. At this stage, it would be appropriate to refer to the Circular No. 3/2018 dated 11 th July 2018 and more particularly, para No, 13 thereof, specifically prescribing that the said Circular would apply to 1 he SLPs/appeals/cross objections/references to be filed from the date of 1 he said Circular in Supreme Court/High Courts/Tribunals and it shall a so apply retrospectively to pending SLPs/appeals/cross objections/ references. The Income Tax Department was directed to withdraw/not press the pending appeals below the specified tax limits set out in para 3 of the said Circular. However, no such specific direction was given in the said Circular No. 23/2019 dated 6 th September 2019, thereby to apply the said conditions set out therein to pending SLPs/appeals/cross objections/references before the Supreme Court/High 19 I.T.A. No. 313/Mum/2021 Anupam G. Mittal Courts/Tribunal involving organized tax evasion activity. In our view, the said Circular 1 Jo. 3/2018 dated 11 th July 2018 cannot be read with the Circular No. 23/2019 dated 6 th September 2019 read with Office Memorandum dated 16 th September 2019. The legislative intent is thus clear that the said Circular dated 6 th September 2019 would not apply with retrospective effect. 38. xxxx 39. xxxx 40. In our view, in the appeals preferred after the date of the Circular dated 23/2019 dated 6 th September 2019 involved in organized tax evasion activity can be filed on merits before the ITAT/High Court/ Supreme Court including the cross objections only if the CBDT passes a special order in those SLPs/appeals/cross objections before the Supreme Court/High Courts/Tribunals if the tax limit is less than the specified monetary reliefs prescribed in the Circulars issued by the CBDT under section 268A of the IT Act, 1961. 41. xxxx 42) It is not in dispute that the appeals filed by the appellant- revenue in this bunch of appeals allege the voluntary declaration of the amounts shown as long term capital gain and short term capital loss by the respondents-assessees during the search action under section 132(4) of the IT Act, 1961. However, in view of the fact that the said Circular No. 23/2019 dated 6 th September 2019 20 I.T.A. No. 313/Mum/2021 Anupam G. Mittal read with Office Memorandum dated 16 th September 2019 not applicable with retrospective effect, though appellant-revenue has alleged organized tax evasion activity on the part of the respondent-assessee in those pending appeals as on the date of the said Circular No. 23/2019, the appellant-revenue cannot be allowed to pursue these appeals. In our view, since the tax effect involved in this bunch of appeals is less than the monetary limit prescribed in the earlier circulars referred to aforesaid issued by the Department of Revenue, CBDT, Ministry of Finance, Government of India, the appellant-revenue cannot be allowed to proceed with these appeals on merits. 16. Aforesaid judgment of the Hon’ble Jurisdictional High Court and the principles laid down would apply in the present matter also as this appeal was filed prior as Circular No. 23/2019 dated 06.09.2019 and therefore, the same would not be applicable retrospectively, i.e. in the appeal filed on 28.01.2019. 17. In the result, the Misc. Application filed by the revenue stands dismissed. Orders pronounced in the open court on 02.06.2022. Sd/- Sd/- (Pramod Kumar) (Amit Shukla) Vice President Judicial Member मुंबई Mumbai;ददनांक Dated : 02/06/2022 Sr.PS. Dhananjay 21 I.T.A. No. 313/Mum/2021 Anupam G. Mittal आदेशकीप्रतितितिअग्रेतिि/Copy of the Order forwarded to : 1. अपीलाथी/ The Appellant 2. प्रत्यथी/ The Respondent 3. आयकरआयुक्त(अपील) / The CIT(A) 4. आयकरआयुक्त/ CIT- concerned 5. दवभागीयप्रदतदनदध, आयकरअपीलीयअदधकरण, मुंबई/ DR, ITAT, Mumbai 6. गार्डफाईल / Guard File आदेशानुसार/ BY ORDER, .उि/सहायकिंजीकार (Dy./Asstt.Registrar) आयकरअिीिीयअतिकरण, मुंबई/ ITAT, Mumbai