ITO, W-1, Barnala V. Sh. Avtar Singh, Barnala

ITA 1453/CHANDI/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 9950 (ITAT-CHANDIGARH)
• Duration Of Justice: 11 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-09-2018
• Assessment Year: 2009-2010
• Appeal Filed On: 04-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDRA KANTA
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BE NCH A, CHANDIGARH !, ' # , . %.. . & , '( # BEFORE: SMT. DIVA SINGH, JM & DR. B.R.R. KUMAR , A M ./ ITA NO. 1453/CHD/2017 / ASSESSMENT YEAR : 2009-10 THE ITO, W - 1 BARNALA SH. AVTAR SINGH PROP. MAAN TRADERS VPO THIKRIWAL BARNALA ./ PAN NO: BGEPS6822H / APPELLANT / RESPONDENT CROSS OBJECTION NO. 31/CHD/2018 (IN ITA NO. 1453/CHD/2018) ASSESSMENT YEAR: 2009-10 SH. AVTAR SINGH PROP. MAAN TRADERS VPO THIKRIWAL BARNALA THE ITO, W - 1 BARNALA ./ PAN NO: BGEPS6822H / APPELLANT / RESPONDENT ! ' / ASSESSEE BY : SHRI. AJAY JAIN # ! ' / REVENUE BY : SMT. CHANDRAKANTA $ % ! &/ DATE OF HEARING : 08/08/2018 '()* ! &/ DATE OF PRONOUNCEMENT : 25/09/2018 ')/ ORDER PER BENCH : THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AN D CROSS OBJECTION HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A). 2. ACCORDING TO CIRCULAR NO. 03/2018 DATED 11/07/20 18, THE CBDT IN SUPERSESSION OF EARLIER INSTRUCTIONS HAS DIRECTED T HAT DEPARTMENTS APPEALS BEFORE ITAT SHALL NOT BE FILED IN CASES WHERE THE T AX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 20 LACS. THE TAX WILL NOT IN CLUDE ANY INTEREST THEREON. IT IS FURTHER CLARIFIED THAT IF IN THE CASE OF AN ASSESSE E, DISPUTED ISSUES ARISE IN MORE THAN ONE ASSESSMENT YEAR, APPEAL CAN BE FILED IN RE SPECT OF SUCH ASSESSMENT YEAR OR YEARS IN WHICH THE TAX EFFECT IN RESPECT OF DISPUTED ISSUES EXCEEDS THE MONETARY LIMIT SO SPECIFIED. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEALS, THE TAX EFFECT IS LESS THAN RS. 20 LACS, THEREFORE, DEPARTMENTAL APPEAL IS NOT MAINTAI NABLE. THE LD. DR COULD NOT BRING TO OUR NOTICE ANY EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. 4. IN VIEW OF THE ABOVE, APPEAL OF THE REVENUE IS D ISMISSED. 5. REGARDING THE CROSS OBJECTION, THE ASSESSEE HAS TAKEN ONLY ONE EFFECTIVE GROUND FOR THE FIRST TIME BEFORE US WHIC H READS AS UNDER: THAT THE LD. CIT(A) HAS WRONGLY UPHELD THE ADDITI ON OF BANK DEPOSIT BY WAY OF CHEQUES & DRAFT WITHOUT APPRECIATING THE FACT THAT THE CASE HAS BEEN SELECTED UNDER SCRUTINY TO VERIFY THE CASH DEPOSIT EXCEEDING RS. 10 LAKHS IN BANK ACCOUNT OF ASSESSEE & THEREFORE THE VERIFICATION OF BANK DE POSIT OTHER THAN CASH WAS NOT WITHIN THE SCOPE OF ASSESSING OFFICER. 5.1 SINCE THE GROUND TAKEN UP BY THE ASSESSEE GOES TO THE ROOT OF THE ADDITION MADE, THE SAME IS HEREBY ADMITTED. AND SIN CE THE REVENUE HAS NOT GOT THE OPPORTUNITY TO ADJUDICATE ON THE ISSUE RAIS ED BY THE ASSESSEE, WE HEREBY RESTORE THE MATTER BACK TO THE FILE OF LD. C IT(A) TO ADJUDICATE AND TO PASS A SPEAKING ORDER ON THE ISSUE RAISED IN ACCORD ANCE WITH THE PROVISIONS OF THE INCOME TAX ACT,1961 AND AS PER THE CIRCULARS IS SUED BY THE CBDT WHICH ARE BINDING ON THE REVENUE. 6. AS A RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED AND CROSS OBJECTION OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- ! . %.. . & , (DIVA SINGH) (DR. B.R.R. KUMAR) ' #/ JUDICIAL MEMBER '( #/ ACCOUNTANT MEMBER AG DATE: 25/09/2018 (+ ! ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. $ / / CIT 4. $ / ()/ THE CIT(A) 5. -23 4, & 4, 67839/ DR, ITAT, CHANDIGARH 6. 38 :%/ GUARD FILE (+ $ / BY ORDER, ; #/ ASSISTANT REGISTRAR