A./Dy.C.I.T. ,Central Circle, Agra V. Sh. Ravindra Kumar Singhal, Agra

ITA 165/AGR/2013

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2151 (ITAT-AGRA)
• Duration Of Justice: 1 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 16-07-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 20-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L MAURYA
• Assessee Lawyers: PRARTHANA JALAN
• Keywords: Audit objection; Question of law; Tax effect
• Section: 68; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 165 AGRA/ 2013 ASSESSMENT YEAR 2009-10 THE A.C.I.T./D.C.I.T.,- VS. SHRI RAVINDRA KUMAR S INGHAL, CENTRAL CIRCLE, AGRA 215 SIDHARTH APPARTMENT, AGRA. CIVIL COURT COMPOUND, AGRA. (PAN AEDPS 2975 K) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.L. MAURYA, SR. D.R. RESPONDENT BY : SHRI PRARTHANA JALAN, C.A. DATE OF HEARING : 16.07.2013 DATE OF PRONOUNCEMENT : 19.07.2013 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-I AGRA DATED 14.12.2012, CHALLENGING DELETION OF ADDI TION OF RS.9,97,290/- UNDER SECTION 68 OF THE I.T. ACT, FOR A.Y.2009-10. 2. BRIEFLY THE FACTS OF THE CASE ARE THAT THE A.O. MADE ADDITION OF RS.9,97,290/- ON ACCOUNT OF CASH FOUND DURING THE SEARCH WHICH WE RE TREATED AS UNEXPLAINED UNDER ITA NO.165/AGRA/2013 2 SECTION 68 OF THE ACT. THE LD. CIT(A) ON VERIFICATI ON OF THE MATERIAL AND SUBMISSION OF THE ASSESSEE FOUND THAT THE CASH FOUND DURING TH E SEARCH HAS BEEN SUFFICIENTLY EXPLAINED BY THE ASSESSEE, THEREFORE, ADDITION WAS DELETED. 3. ADMITTEDLY THE TAX EFFECT IN THE DEPARTMENTAL AP PEAL, IS BELOW RS.3,00,000/-. ACCORDING TO BOARD CIRCULAR NO.3/2011 DATED 09.02.2 011 THE DEPARTMENTAL APPEAL SHALL NOT BE FILED BEFORE THE APPELLATE TRIBUNAL WH ERE THE TAX EFFECT DOES NOT EXCEED MONETARY LIMIT OF RS.3,00,000/-. THE DEPARTMENTAL A PPEAL IS FILED ON 20.05.2013, THEREFORE, ABOVE CIRCULAR WOULD APPLY AGAINST THE R EVENUE. THE QUESTION OF FACT ONLY IS INVOLVED IN THE DEPARTMENTAL APPEAL. NO QUESTION OF LAW OR CONSTITUTIONAL VALIDITY OF THE PROVISION OF THE ACT IS UNDER CHALLENGE IN T HE PRESENT APPEAL. NO BOARD CIRCULAR OR AUDIT OBJECTION HAVE ALSO BEEN RAISED. THEREFORE, THE DEPARTMENTAL APPEAL IS FILED IN CONTRAVENTION OF THE ABOVE BOARD CIRCUL AR AND AS SUCH LIABLE TO BE DISMISSED. 4. IN VIEW OF ABOVE DISCUSSIONS, THE DEPARTMENTAL A PPEAL FAILS AND IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- SD/- (A.L. GEHLOT) (BHAV NESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AMIT/ ITA NO.165/AGRA/2013 3 COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY