ITO, Panchkula V. Sh. Balraj Chauhan, Chandigarh

ITA 18/CHANDI/2011

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 8548 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-12-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 06-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI H.L. KARWA, HONBLE VICE PRESIDENT AND MS. ANNAPURNA MEHROTRA, ACCOUNTANT MEMBER ITA NO. 18/CHD/2011 ASSESSMENT YEAR: 2006-07 THE ITO VS. SH. BALRAJ CHAUHAN WARD -1, H.NO. 68, SEC-28A PANCHKULA CHANDIGARH PAN NO. AAGPC8015M (APPELLANT) (RESPONDENT) APPELLANT BY : SH. MANJIT SINGH RESPONDENT BY : SH. TEJ MOHAN SINGH DATE OF HEARING : 16/12/2015 DATE OF PRONOUNCEMENT : 21/01/2016 ORDER PER ANNAPURNA MEHROTRA A.M. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF CIT(A), PANCHKULA DATED 18/10/2010 RELATING TO A SSESSMENT YEAR 2006-07. 2. IN THIS APPEAL THE REVENUE HAS RAISED THE FOLLOW ING GROUNDS:- 1. ON THE BASIS OF THE FACTS AND IN THE CIRCUMSTANC ES OF THE CASE, THE LD. CIT(A) IS NOT JUSTIFIED IN DELETING T HE ADDITION OF RS. 10,81,000/- MADE ON ACCOUNT OF THE FOLLOWING UNEXPL AINED DEPOSITS IN THE BANK ACCOUNTS NOTWITHSTANDING THE F ACT THAT THE ASSESSEE FAILED TO FURNISH ANY EVIDENCE AND PLAUSIB LE EXPLANATION REGARDING THE CASH DEPOSITS BEFORE THE AO AND EVEN BEFORE SUBMITTING THE REMAND REPORT BY THE AO. I) RS. 3,00,000/- ON 13-12-2005 II) RS. 2,63,000/- ON 16-02-2006 III) RS. 3,00,000/- ON 17-02-2006 IV) RS. 2,18,000/- ON 18-02-2006 OUT OF DEPOSITS OF RS. 3,50,000/- 2. IT IS P[RAYED THAT THE ORDER OF LD. CIT(A) BE SE T ASIDE AND THAT OF THE AO MAY BE RESTORED. . 3. WE HAVE HEARD LD. DR. IT IS OBSERVED THAT IN TH IS CASE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 10 LAKHS. THUS, IN VIEW OF CIRCULAR NO. 21/2015 DATED 10.12.2015, F.NO . 279/MISC.142/2007-ITJ(PT), GOVERNMENT. OF INDIA, MI NISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF DIRECT TAXE S, THE INSTANT APPEAL DESERVES TO BE TREATED AS WITHDRAWN / NOT PR ESSED. VIDE PARA 10 OF THE ABOVE INSTRUCTIONS, THE CBDT HAS CLA RIFIED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING A PPEALS AND APPEALS TO BE FILED HENCEFORTH IN ITAT. THE CBDT H AS FURTHER CLARIFIED THAT THE PENDING APPEALS BEFORE THE TRIBUNAL BELOW THE SPECIFIED TAX LIMITS I.E. RS. 10 LAKHS MAY BE WITHDRAWN / NOT PRESSED BY THE REVENUE. IT IS ALSO OBSERVED THAT THE ISSUES INVOL VED IN THIS APPEAL ARE NOT COVERED BY PARA 8 OF THE ABOVE INSTRUCTIONS . ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS TREATED AS WITHD RAWN / NOT PRESSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21/01/2016 SD/- SD/- (H.L. KARWA) (ANNAPURNA MEHROTRA) VICE PRESIDENT ACCOUNTANT MEMBER DATED : 21/01/2016 AG COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT, TH E CIT(A), THE DR