ACIT, New Delhi V. Sh. Deepak Sharma, New Delhi

ITA 2325/DEL/2012

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 6464 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 9 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-03-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 16-05-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NIPPUN MITTAL
• Keywords: Deemed to accrue or arise in india; Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B , NEW DELHI BEFORE SRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI O.P. KANT, ACCOUNTANT MEMBER ITA NO. 2 325 /DEL/201 2 AY: 200 6 - 07 ACIT, CENTRAL CIRCLE 22 VS. SH. DEEPAK SHARMA NEW DELHI 8, LOCAL SHOPPING CENTRE II/III FLOOR, VARDHMAN SIDDHARTH PLAZA SAVITA VIHAR NEW DELHI 110 092 PAN: AUDPS 5329 R (APPELLANT) (RESPONDENT) APPELLANT BY : SH. ANIL KUMAR SHARMA, SR.D.R RESPONDENT BY : SH. NIPPUN MITTAL, C.A. ORDER PER AMIT SHUKLA, JUDICIAL MEMBER THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DT. 07.03.2012 PASSED BY THE LD.CIT(A) - III , NEW DELHI, FOR THE QUANTUM OF ASSESSMENT PASSED U/S 143(3) /153A OF THE INCOME TAX ACT, 1961 (THE ACT) FOR THE ASSESSMENT YEA R (A.Y.) 200 6 - 07 . 2. THE REVENUE HAS TAKEN THE FOLLOWING GROUNDS OF APPEAL. 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.26,35,395/ - MADE BY THE ASSESSING OFFICER ON ACCOUN T OF DEEMED INCOME U/S 2(24)(IV) OF THE INCOME TAX ACT, 1961. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.69,343/ - MADE BY THE A.O. ON ACCOUNT OF INTEREST CLAIMED ON H OUSE PROPERTY UNDER THE HEAD INCOME FROM HOUSE PROPERTY. ITA 2325 /DEL/201 2 AY 200 6 - 07 SH. D EEPAK SHARMA 2 3. THE ORDER OF THE CIT(A) IS ERRONEOUS AND IS NOT TENABLE ON FACTS AND IN LAW. 4 . THE APPELLANT CRAVES TO ADD, AMEND, MODIFY, OR ALTER ANY GROUNDS OF APPEAL AT THE TIME OR BEFORE THE HEARING OF THE A PPEAL. 3. AT THE OUTSET IT WAS NOTICED THAT THE TAX EFFECT ON THE DISPUTED ISSUE OF RS. 26,35,395 / - IS LESS THAN THE PRESCRIBED MONETARY LIMIT OF FILING OF APPEAL BEFORE THE TRIBUNAL, WHICH IS RS.10 LAKHS. BOTH THE PARTIES AGREED THAT THE TAX EFFECT ON THE DISPUTED ADDITION IS LESS THAN RS.10 LAKHS. 4. AFTER CONSIDERING THE AFORESAID FACT AND THE CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, WHEREBY THE MONETARY LIMIT OF FILING OF APPEAL HAS BEEN RAISED TO RS.10,00,000/ - AND HAS BEEN MADE APPLICABLE FOR ALL THE PENDING APPEALS, WE ARE OF THE OPINION THAT THIS APPEAL BY THE REVENUE IS DISMISSED AS NON - MAINTAINABLE. 5 . IN THE RESULT THE APPEAL BY THE REVENUE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MARCH, 2017 . SD/ - SD/ - (O.P. KANT) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: THE 02 ND MARCH, 2017 M ANGA ITA 2325 /DEL/201 2 AY 200 6 - 07 SH. D EEPAK SHARMA 3 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR