ITO, Ooty V. N.S.Rajeswaran, The Nilgiris

ITA 171/CHNY/2015

• Counselvise Citation: 17121714 RSA 2015
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2015
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 15-12-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 23-01-2015
• Court: TRIBUNAL
• Department Lawyers: A B KOLI
• Keywords: Unexplained investment; Tax effect
• Section: 69

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . . . , . !' , # $ % [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] ./ I.T.A.NO. 171/MDS/2015 / ASSESSMENT YEAR : 2009-10 THE INCOME TAX OFFICER WARD I OOTY VS. SHRI N S RAJESWARAN 8/33 NANJANAD VILLAGE NANJANAD POST THE NILGIRIS 643 004 [PAN AGSPN 2154L ] ( &' / APPELLANT) ( ()&' /RESPONDENT) / APPELLANT BY : SHRI A B KOLI, JCIT /RESPONDENT BY : NONE / DATE OF HEARING : 15 - 12 - 2015 ! / DATE OF PRONOUNCEMENT : 15 - 1 2 - 2015 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, COIMBA TORE, DATED 12.11.2004 AND PERTAINS TO ASSESSMENT YEAR 2009- 10. 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS ADDITION OF ` 29,99,052/- AS UNEXPLAINED INVESTMENT U/S 69 OF TH E INCOME-TAX ACT, 1961. ITA NO.171/15 :- 2 -: 3. NO ONE APPEARED FOR THE ASSESSEE WHEN THE APPEAL W AS TAKEN UP FOR HEARING EVEN THOUGH THE LD. REPRESENTA TIVE FOR THE ASSESSEE HAS TAKEN NOTE OF THE DATE OF HEARING. TH EREFORE, WE HEARD THE LD. DEPARTMENTAL REPRESENTATIVE AND PROCEEDED T O DISPOSE OF THE APPEAL ON MERIT. 4. ON A QUERY FROM THE BENCH, SHRI A.B KOLI, LD. DR CL ARIFIED THAT THE SUBJECT MATTER OF APPEAL BEFORE THIS TRIBU NAL IS ONLY IN RESPECT OF ADDITION MADE BY THE ASSESSING OFFICER TO THE EX TENT F ` 29,99,052/- AND TAX EFFECT IS LESS THAN ` 10 LAKHS. 5. THE CBDT IN CIRCULAR NO.21/2015 DATED 10.12.2015 INCREASED THE MONETARY LIMIT FOR FILING APPEAL BEFO RE THIS TRIBUNAL FROM ` 4 LAKHS TO ` 10 LAKHS. THE CBDT FURTHER CLARIFIED THAT THE INS TRUCTION DATED 10.12.2015 WILL APPLY RETROSPECTIVELY TO ALL THE PENDING APPEALS BEFORE THIS TRIBUNAL. THE CBDT HAS ALSO INSTRUCTED ITS OFFICERS TO WITHDRAW THE APPEALS PENDING BEFORE THIS TRIBUNAL. IN VIEW OF THE ABOVE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE CIRCULAR ISSUED BY THE CBDT ON 10.12.2015 IS BINDING ON THE DEPARTMENT. THEREFORE, THE APPEAL FILED BY THE REVENUE IS NOT M AINTAINABLE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED . 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED. ITA NO.171/15 :- 3 -: ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 15 TH DECEMBER, 2015 AT CHENNAI. SD/- SD/- ( . !' ) (A. MOHAN ALANKAMONY) # / ACCOUNTANT MEMBER ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER #$ / CHENNAI %& / DATED: 15 TH DECEMBER, 2015 RD &' ()*) / COPY TO: 1 . / APPELLANT 4. + / CIT 2. / RESPONDENT 5. ),- . / DR 3. +/' / CIT(A) 6. -01 / GF