Vinod Behari Jain (HUF), New Delhi V. ITO Ward-36 (4), New Delhi

CO 75/DEL/2010

• Counselvise Citation: [2013] 122 COUNSELVISE.COM (IT) 8690 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 5 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 10-06-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 10-06-2013
• Assessment Year: 2003-2004
• Appeal Filed On: 05-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAMEER SHARMA
• Keywords: Gift; Income from undisclosed sources; Tax effect

Judgement Text

ITA NO. 2927/DEL/2008 & CO. 75/DEL/2010 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH H, NEW DELHI BEFORE SHRI A.D. JAIN, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A. NO. 2927/DEL/2008 A.Y. 2003-04 ITO, WARD 36(4), FLOOR, H-BLOCK, VIKAS BHAVAN, IP ESTATE, NEW DELHI VS. M/S VINOD BEHARI JAIN (HUF), E-290, MAYUR VIHAR, PHASE-II, DELHI 110096 (PAN: AEXPJ1923L) AND C.O. NO. 75/DEL/2010 (IN I.T.A.NO.2927/DEL/2008) A.Y. 2003-04 SH. VINOD BEHARI JAIN (HUF), E-290, MAYUR VIHAR, PHASE-II, NEW DELHI 110 096 VS. ITO, WARD 36(4), NEW DELHI ASSESSEE BY : SH. SALIL KAPOOR, ADV AND SH. VIKAS JAIN, ADV. DEPARTMENT BY : SH. SAMEER SHARMA, D.R. ORDER ORDER ORDER ORDER PER PER PER PER BENCH BENCH BENCH BENCH THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE EMANATE OUT OF ORDER OF THE LD. COMMISSION ER OF INCOME TAX (A) DATED 15.4.2008 AND PERTAIN TO ASSESSMENT Y EAR 2003-04. 2. THE GROUNDS RAISED IN THE REVENUES APPEAL REA D AS UNDER:- IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. COMMISSIONER OF INCOME TAX (A) HAS ERRED IN ITA NO. 2927/DEL/2008 & CO. 75/DEL/2010 2 DELETING THE ADDITION OF RS. 10,00,000/- AS INCOME FROM UNDISCLOSED SOURCES, MADE BY THE ASSESSING OFFICER, BY DISALLOWING THE CLAIM OF GIFT OF RS. 10 LAKH FROM MR. QAYYUM KHAN THE APPELLANT CRAVES LEAVE FOR RESERVING THE RIGHT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUND(S) OF APPEAL AT ANY TIME BEFORE OR DURING THE HEARING OF THIS APPEAL. REVENUES APPEAL REVENUES APPEAL REVENUES APPEAL REVENUES APPEAL 3. AT THE THRESHOLD, WE NOTE THAT TAX EFFECT IN THIS C ASE IS LESS THAN ` 3 LACS FIXED BY THE CBDT FOR FILING APPEAL BEFORE THE TRIBUNAL. AS PER INSTRUCTION NO. 3/2011 (F.NO. 279/MISC./142/2007-IT J) DATED 09.02.2011 ISSUED BY THE CBDT, THE TAX EFFECT FOR FILING APPEA L BEFORE THE APPELLATE TRIBUNAL SHOULD BE MORE THAN ` 3 LAKHS. THE AFORES AID INSTRUCTIONS HAVE BEEN HELD TO BE APPLICABLE TO ALL PENDING APPEALS B Y THE HONBLE DELHI HIGH COURT IN THE DECISIONS IN THE CASES:- (I) C.I.T. VS. M/S P.S. JAIN & CO. IN ITA NO. 179/1 991, ORDER DATED 2 ND AUGUST, 2010. (II) C.I.T. VS. DELHI RACE CLUB IN ITA NO. 128/2008 , ORDER DATED 3 RD MARCH, 2011. 3.1 IN THE PRESENT CASE, ADMITTEDLY THE TAX IS BELO W ` 3 LAKHS. HENCE, THE APPEAL IS IN CONTRAVENTION OF THE AFORESAID CBDT CIRCULAR/INSTRUCTION. HENCE, THE SAME IS LIABLE TO BE DISMISSED. ACCORDINGLY, THIS APPEAL BY THE REVENUE STANDS DISM ISSED FOR TAX EFFECT. ITA NO. 2927/DEL/2008 & CO. 75/DEL/2010 3 ASSESSEES CROSS OBJECTION ASSESSEES CROSS OBJECTION ASSESSEES CROSS OBJECTION ASSESSEES CROSS OBJECTION 4. IN THE CROSS OBJECTION, ASSESSEE HAS AGITATED A BOUT THE ISSUE OF REOPENING OF THE CASE. SINCE WE HAVE ALREADY DISMIS SED THE REVENUES APPEAL ON TAX EFFECT, THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS. ACCORDINGLY, IT IS DISMISSED A S SUCH. 5. IN THE RESULT, THE REVENUES APPEAL STANDS DISMI SSED AND ASSESSEES CROSS OBJECTION STANDS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 10/6/2013, UP ON CONCLUSION OF HEARING. SD/- SD/- [ [[ [A.D. A.D. A.D. A.D. JAIN JAIN JAIN JAIN] ]] ] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] [SHAMIM YAHYA] JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATE 10/6/2013 SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR SRBHATNAGAR COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: COPY FORWARDED TO: - -- - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES