DCIT, New Delhi V. Smt. Shalini Goyal, New Delhi

ITA 164/DEL/2014

• Counselvise Citation: 16420114 RSA 2014
• Duration Of Justice: 1 year(s) 5 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 04-06-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 08-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Assessee Lawyers: AJAY KUMAR MITTAL
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH SMC SMC SMC SMC : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT ITA NO ITA NO ITA NO ITA NO . .. . 164 164 164 164 /DEL/201 /DEL/201 /DEL/201 /DEL/201 4 44 4 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 200 200 200 200 5 55 5 - -- - 06 0606 06 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -5, 5,5, 5, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. SMT. SHALINI GOYAL, SMT. SHALINI GOYAL, SMT. SHALINI GOYAL, SMT. SHALINI GOYAL, 44, ENGI 44, ENGI 44, ENGI 44, ENGINEERS ENCLAVE, NEERS ENCLAVE, NEERS ENCLAVE, NEERS ENCLAVE, PITAMPURA, PITAMPURA, PITAMPURA, PITAMPURA, DELHI DELHI DELHI DELHI 110 034. 110 034. 110 034. 110 034. PAN : AAEPG8998B. PAN : AAEPG8998B. PAN : AAEPG8998B. PAN : AAEPG8998B. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.K. JAISWAL, SR.DR. RESPONDENT BY : SHRI AJAY KUMAR MITTAL, CA. DATE OF HEARING : 0 00 04 44 4.06.2015 .06.2015 .06.2015 .06.2015 DATE OF PRONOUNCEMENT : 03.07.2015 03.07.2015 03.07.2015 03.07.2015 ORDER ORDER ORDER ORDER THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 200 5-06 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXXI, N EW DELHI DATED 31 ST OCTOBER, 2013. 2. THE GROUNDS OF APPEAL OF THE REVENUE ARE AS UNDER: - 1. THE ORDER OF LD.CIT(A) IS NOT CORRECT IN LAW AND FACTS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD.CIT(A) HAS ERRED IN LAW IN DELETING THE ADDITION OF RS.3,50,000/- MADE BY AO ON A/C OF UNEXPLAINED CASH CREDIT U/S 68 OF THE I.T. ACT. 3. ON FACTS AND CIRCUMSTANCES OF THE CASE THE LD.CIT(A) HAS ERRED IN LAW DELETING THE ADDITION OF RS.1,20,000 MADE BY AO ON A/C OF HOUSE HOLD EXPENSES. 3. THE LEARNED COUNSEL FOR THE ASSESSEE, AT THE OUTSET, S UBMITTED THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE IS N OT MAINTAINABLE ITA-164/DEL/2014 2 AS THE DISPUTED AMOUNT OF TAX/PENALTY IN THIS CASE IS LE SS THAN `4 LAKHS, THE MONETARY LIMIT FIXED BY THE CBDT FOR FILING APP EALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. 4. LEARNED DR COULD NOT CONTROVERT THE SUBMISSION OF T HE LEARNED COUNSEL FOR THE ASSESSEE. 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED TH E ORDER OF THE ASSESSING OFFICER AND THE CIT(A). I FIND THAT THE DISPUTED AMOUNT OF TDS IN THIS CASE IS LESS THAN `4 LAKHS, THE LIMIT FIXED B Y THE CBDT FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL . ACCORDINGLY, I HOLD THAT THE PRESENT APPEAL PREFERRED BY THE REVENU E IS NOT MAINTAINABLE AND IS DISMISSED IN LIMINE . 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . DECISION PRONOUNCED IN THE OPEN COURT ON 3 RD JULY, 2015. SD/- (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : DEPUTY COMMISSIONER OF INCOME TAX , DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -5, NEW DELHI. 5, NEW DELHI. 5, NEW DELHI. 5, NEW DELHI. 2. RESPONDENT : SMT. SHALINI GOYAL, SMT. SHALINI GOYAL, SMT. SHALINI GOYAL, SMT. SHALINI GOYAL, 44, ENGINEERS ENCLAVE, 44, ENGINEERS ENCLAVE, 44, ENGINEERS ENCLAVE, 44, ENGINEERS ENCLAVE, PITAMPURA, DELHI PITAMPURA, DELHI PITAMPURA, DELHI PITAMPURA, DELHI 110 034. 110 034. 110 034. 110 034. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR