ITO, New Delhi V. Dr. Kirpal Singh Bakshi, New Delhi

ITA 1778/DEL/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 7377 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 29-10-2014
• Assessment Year: 1990-1991
• Appeal Filed On: 13-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B R R KUMAR
• Keywords: Tax effect

Judgement Text

ITA NO. 1778 /DEL/201 1 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G , NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER I.T.A. NO. 1778 /DEL/201 1 A.Y. : 1990 - 91 INCOME TAX OFFICER, WARD 37(2), ROOM NO. 404, N - BLOCK, VIKAS BHAVAN, IP ESTATE, NEW DELHI. VS. LATE DR. KIRPAL SINGH BAKSHI THROUGH L/H MRS. MEHTAB KAUR, A - 51, NDSE, PART - I, NEW DELHI (PAN/GIR NO. : 270 - K) (APPELLANT) (RESPONDENT) DEPARTMENT BY : SH. BRR KUMAR, SR. DR ASSESSEE BY : SH. YOGESH JAGIA, ADV. & SH. MANOJ GUPTA, FCA. O RDER PER H.S. SIDHU, JM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS - XXVIII), NEW DELHI DATED 14.1.2011 P ERTAINING TO ASSESSMENT YEAR 1990 - 91 ON THE FOLLOWING GROUNDS: - 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 6,09,750/ - (RS. 1,76,823/ - + RS. 4,32,927/ - ) MADE IN THE A.Y. 1990 - 91 TOWARDS UNEXPLAINED JEWELLERY AND DIRECTED TO TAX THE UNEXPLAINED JEWELLERY IN AY 1994 - 9 5 AS PER PROVISION OF SECTION 69A OF THE I.T. ACT. 2. THE APPELLANT CRAVES TO ADD, AMEND OR MODIFY THE GROUNDS OF APPEAL AT ANY TIME. 2 . AT THE THRESHOLD, WE NOTE THAT TAX EFFECT IN THIS CASE IS LESS THAN RS. 3 LACS FIXED BY THE CBDT FOR FILING APP EAL BEFORE THE TRIBUNAL. AS PER INSTRUCTION NO. 3/2011 (F.NO. 279/MISC./142/2007 - ITJ) DATED 09.02.2011 ISSUED BY THE CBDT, THE TAX EFFECT FOR FILING APPEAL BEFORE THE APPELLATE TRIBUNAL SHOULD BE MORE THAN RS. 3 ITA NO. 1778 /DEL/201 1 2 LAKHS. THE AFORESAID INSTRUCTIONS HAVE BEE N HELD TO BE APPLICABLE TO ALL PENDING APPEALS BY THE HON BLE DELHI HIGH COURT IN THE DECISIONS IN THE CASES: - (I) C.I.T. VS. M/S P.S. JAIN & CO. IN ITA NO. 179/1991, ORDER DATED 2 ND AUGUST, 2010. (II) C.I.T. VS. DELHI RACE CLUB IN ITA NO. 128/2008, ORD ER DATED 3 RD MARCH, 2011. 2.1 IN THE PRESENT CASE, ADMITTEDLY THE TAX EFFECT IS BELOW RS. 3 LAKHS. HENCE, THE APPEAL BY REVENUE IS IN DISREGARD TO THE AFORESAID CBDT CIRCULAR/INSTRUCTION. T HE SAME IS LIABLE TO BE DISMISSED. ACCORDINGLY, THIS APPEAL BY THE REVENUE STANDS DISMISSED FOR TAX EFFECT. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE O PEN C OURT ON 29 / 10 /20 1 4 , UPON CONCLUSION OF HEARING. SD/ - SD/ - [ T.S. KAPOOR ] [ H.S. SIDHU ] ACCOUNTANT M EMBER JUDICIAL MEMBER DATE 29 / 10 /201 4 SRBHATNAGAR COPY FORWARDED TO: - 1.APPELLANT 2.RESPONDENT 3. CIT 4. CIT (A) 5.DR, ITAT TRUE COPY BY ORDER, ASSISTANT REGISTRAR, ITAT, DELHI BENCHES