The ITO, Ward-9(1), Surat V. Shri Babubhai Vallabhbhai Tejani, Surat

ITA 1844/AHD/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9896 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 15-12-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 24-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS SOMOGYAN PAL
• Keywords: Unexplained cash credit; Gift; Retrospective amendment; Tax effect

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD B BEFORE S/SHRI RAJPAL YADAV, JM & MANISH BORAD, AM ./ ITA.NO.1844/AHD/2012 ( / ASSTT YEAR : 2005-2006) INCOME-TAX OFFICER, WARD-9(1), SURAT VS. BABUBHAI VALLABHBHAI TEJANI, D-9, ASHIYANA APP. KAKADIYA COMPOUND, LAL DARWAJA, SUMUL DAIRY ROAD, SURAT. PAN : AAKPT 5637Q (APPELLANT) (RESPONDENT) / APPELLANT BY : MRS. SOMOGYAN PAL, SR.DR / RESPONDENT BY : SHRI RUSHI PAREKH, AR / DATE OF HEARING 15-12-2015 / DATE OF PRONOUNCEMENT 05-01-2016 !' / O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER. THE REVENUE IS IN APPEAL BEFORE US AGAINST THE OR DER OF LD. COMMISSIONER INCOME-TAX (APPEALS)-V, SURAT, DATED 1 4.6.2012 PASSED FOR THE ASSTT. YEAR 2005-06. 2. THE GRIEVANCE OF THE REVENUE IS THAT THE LD.CIT( A) HAS ERRED IN DELETING THE ADDITION OF RS.15,00,000/- MADE ON ACC OUNT OF UNEXPLAINED CASH CREDIT AS THE ASSESSEE FAILED TO ESTABLISH THE GENUINENESS OF GIFT. ITA.NO.1844/AHD/2012 ASST. YEAR 2005-06 - 2 3. THIS APPEAL WAS PRESENTED ON 24/8/2012. ON 10.1 2.2015 THE CBDT HAS ISSUED INSTRUCTIONS BEARING NO. 21/2015 PR OHIBITING ITS SUBORDINATE AUTHORITIES FROM FILING OF THE APPEAL T O THE TRIBUNAL AGAINST THE ORDER OF THE CIT(A) WHERE THE TAX EFFECT BY VIR TUE OF THE RELIEF GIVEN BY THE CIT(A) IS LESS THAN RS.10 LAKHS. THE INSTRU CTIONS HAVE BEEN MADE APPLICABLE WITH RETROSPECTIVE EFFECT, MEANING THERE BY, THESE INSTRUCTIONS ARE APPLICABLE ON PENDING APPEALS ALSO. IN THE PRE SENT CASE, THE ASSESSED INCOME OF THE ASSESSEE IS OF RS.15,99,760/-. THE A DDITION DELETED BY THE CIT(A) IS RS.15,00,000/-. THE TAX EFFECT ON DELETI ON OF THIS TOTAL ADDITION WOULD BE LESS THAN RS.10 LAKHS. THE PRESENT APPEAL DESERVES TO BE DISMISSED BEING TREATED TO BE FILED IN VIOLATION OF CBDT INSTRUCTIONS. THE CASE DOES NOT FALL WITHIN THE AMBIT OF EXCEPTIO NS PROVIDED IN THE INSTRUCTIONS. IT IS FURTHER OBSERVED THAT SINCE, W HILE HEARING THE APPEAL, SUCH FACTORS WERE NOT CONSIDERED, THEREFORE, IN CAS E, ON RE-VERIFICATION AT THE END OF THE AO, IT CAME TO THE NOTICE THAT THE T AX EFFECT IS MORE OR IT FALLS WITHIN THE AMBIT OF EXCEPTIONS PROVIDED IN TH E INSTRUCTION, THEN THE DEPARTMENT WILL BE AT LIBERTY TO APPROACH THE TRIBU NAL FOR RECALL OF THIS ORDER. SUCH APPLICATION SHOULD BE FILED WITHIN FOU R YEARS OF THIS ORDER. IN VIEW OF THE ABOVE, THE APPEAL OF THE REVENUE IS DISMISSED. ITA.NO.1844/AHD/2012 ASST. YEAR 2005-06 - 3 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE COURT ON 5 TH JANUARY, 2016 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER AHMEDABAD: DATED, 05/01/2016 !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. # $% & / CONCERNED CIT 4. & ( ) / THE CIT(A)- 5. *+, --$% , $% , /0 /DR,ITAT, RAJKOT 6. ,;< = / GUARD FILE. % & / BY ORDER, & '( ( ASSTT.REGISTRAR) ITAT, AHMEDABAD 1. DATE OF DICTATION .. : 5/1/16 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER :5/1/16 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BAC K TO THE SR.P.S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 6/1/2016 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK.. . 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER