ITO, New Delhi V. Sh. Vipin Kohli, New Delhi

ITA 2002/DEL/2015

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5454 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2011-2012
• Appeal Filed On: 07-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVIKANT GUPTA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DLEHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. NO.2002/DEL/2015 ASSESSMENT YEAR: 2011-12 INCOME-TAX OFFICER, VS SHRI VIPIN KOHLI, WARD 41(2), NEW DELHI. 5/180, 1 ST FLOOR, SUNDER VIHAR, NEW DELHI. (PAN: AAOPK1119Q) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI RAVIKANT GUPTA, SR. DR RESPONDENT BY: NONE ORDER DATE OF HEARING: 02.05.2018 DATE OF PRONOUNCEMENT: 02.05.2018 PER K. NARASIMHA CHARY, JM AGGRIEVED BY THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-14, NEW DELHI (FOR SHORT CIT)A))}) DATE D 5.1.2015, REVENUE PREFERRED THIS APPEAL ON THE FOLLOWING GROUND: THE LD.CIT (A) HAS ERRED IN DELETING THE ADDITION OF RS.26,21,800/- AS UNEXPLAINED CASH DEPOSITS. THE REASON GIVEN BY THE LD. CIT (A) FOR THE SAME IS NOT ACCEPTABLE. 2. NONE PRESENT ON BEHALF OF THE ASSESSEE. AS IS S EEN FROM THE GROUNDS OF APPEAL, THE QUANTUM INVOLVED IN THIS CASE IS RS. 2 6,21,800/- AND THUS, THE TAX EFFECT ON THE DISPUTED ADDITION BEFORE US, BEING LE SS THAN RS. 10 LACS, SQUARELY 2 FALLS WITHIN THE AMBIT OF CIRCULAR NO. 21 / 2015 DA TED 10.12.2015 PRESCRIBING THE TAX EFFECT FOR PREFERRING APPEALS BEFORE TRIBUNAL B Y THE REVENUE. 3. AFTER PERUSING THE MATERIALS AVAILABLE ON RECOR D, WE FIND THAT THE ADDITIONS DISPUTED BEFORE US IS BELOW THE TAX EFFEC T LIMIT PRESCRIBED BY CBDT VIDE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 FOR PR EFERRING APPEALS BEFORE TRIBUNAL BY THE REVENUE. ON PERUSAL OF THE CIRCULAR NO. 21 / 2015 DATED 10.12.2015 AND THE MATERIALS AVAILABLE ON RECORD, L D. DR COULD NOT POINT OUT WHETHER THIS CASE FALLS UNDER ANY OF THE EXCEPTION A S PROVIDED IN THE CIRCULAR DESPITE SPECIFIC OPPORTUNITY WAS GIVEN, DOES NOT FAL L UNDER ANY OF THE EXCEPTIONS CONTEMPLATED IN THE SAID CIRCULAR, AS THIS IS COVER ED. WE ALSO FIND THAT THE CIRCULAR MAKES IT VERY CLEAR THAT THE REVISED MONETA RY LIMITS SHALL APPLY RETROSPECTIVELY TO PENDING APPEALS ALSO. WE FIND THA T THE CIRCULAR IS BINDING ON THE TAX AUTHORITIES. THIS POSITION HAS BEEN CONFIRM ED BY THE HONBLE APEX COURT IN THE CASE OF COMMISSIONER OF CUSTOMS VS INDIAN OI L CORPORATION LTD REPORTED IN 267 ITR 272 (SC). HENCE, WE HOLD THAT THE APPEAL OF THE REVENUE DESE RVES TO BE DISMISSED IN TERMS OF LOW TAX EFFECT VIDE CIRCULAR NO.21 / 2015 DATED 10.12.2015. ACCORDINGLY, THIS BEING A LOW TAX EFFECT CASE, WE DI SMISS THIS APPEAL OF REVENUE IN LIMINE, AS UNADMITTED, WITHOUT GOING INTO THE MERIT S OF THE CASE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MAY, 2018. (G.D. AGRAWAL) (K. NARASIMHA CHARY) PRESIDENT JUDICIAL MEMBER DATED: 2 ND MAY, 2018 VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR