ACIT, Muzaffarnagar V. M/s. Shah Publication (P) Ltd, Muzaffarnagar

ITA 1347/DEL/2009

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8253 (ITAT-DELHI)
• Duration Of Justice: 7 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 23-03-2016
• Assessment Year: 2000-2001
• Appeal Filed On: 08-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Keywords: Retrospective amendment; Tax effect; Onus to prove

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SH. I.C. SUDHIR , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO. 1347 /DEL/ 2009 ASSESSMENT YEAR: 2000 - 01 ASSTT. COMMISSIONER OF INCOME TAX,CIRCLE - 2, MUZAFFARNAGAR VS. M/S. SHAH PUBLICATION (P.) LTD., MEERUT ROAD, DISTT - MUZAFFARNAGAR, GIR/PAN : AAFCS1234A (APPELLANT) (RESPONDENT) APPELLANT BY SMT. ANIMA BARNWAL, SR.DR RESPONDENT BY SH. P.C. YADAV, ADV. DATE OF HEARING 23.03.2016 DATE OF PRONOUNCEMENT 08.04.2016 ORDER PER O.P. KANT , A. M. : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS) DATED 14.01.2009 IN RELATION TO ASSESSMENT YEAR 2000 - 01, RAISING THE FOLLOWING GROUNDS OF APPEAL: I. THAT THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) HAS ERRED IN LAW AND FACTS DELETING THE ADDITION OF RS. 3,97,000/ - ON ACCOUNT OF UNEXPLAINED SHARE APPLICATION MONEY AS THE ASSESSEE HAS NOT GIVEN SATISFACTORY DETAILS, AS SPECIFICALLY REQUIRED BY THE ASSESSING OFFICER, AS THE ONUS TO PROVE THE CREDITWORTHINESS OF SHARE APPLICATION IS OF THE ASSESSEE. 2 ITA NO. 1347/DEL/2009 AY: 2000 - 01 II. THAT THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) HAS ERRED ON FACTS BY DELETING THE ADDITION OF RS. 5,71,660/ - ON ACCOUNT OF UNEXPLAINED SECURITY DEPOSIT AS ASSESSEE WAS NOT ABLE TO GIVE THE NAMES AND ADDRESS OF THE PERSONS FROM WHOME THE SECURITY DEPO SITS HAD BEEN RECEIVED THROUGHOUT THE ASSESSMENT PROCEEDINGS. III. IN THE FACTS AND CIRCUMSTANCES OF THE CASE, THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS) DESERVES TO BE SET - ASIDE AND THAT OF ASSESSING OFFICER BE RESTORED. 2. WE HAVE HEARD BOT H THE PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD . IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. THE LD. SR. DEPARTMENTAL REPRESENTATIVE , ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. FROM PARA 10 OF THE ABOVE CIRCULAR , IT IS PALPABLE THA T THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT AND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT , WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOULD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT I.E. RS. 10,00,000/ - FOR NOT 3 ITA NO. 1347/DEL/2009 AY: 2000 - 01 FILING THE APPEAL . ACCORDINGLY , WE DISMISS THE INSTANT APPEAL W ITHOUT GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE MISC ELLANEOUS APPLICATION, IF THE TAX EFFECT IS MORE THAN THE PRESCRIBED LIMITED OF RS. 10 LACS OR OTHERWISE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STAND S DISMISSED. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 8 T H APRIL , 2016 . S D / - S D / - ( I.C. SUDHIR ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 8 T H APRIL , 2016 . RK/ - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI