DCIT, New Delhi V. Mr. Deepak Mittal, New Delhi

ITA 2451/DEL/2011

• Counselvise Citation: 245120114 RSA 2011
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 22-12-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 12-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRI KRISHNADR
• Assessee Lawyers: VED JAINAR
• Keywords: Unexplained investment; Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI B BENC H BEFORE SHRI A.D.JAIN, JM & SHRI A.N. PAHUJA, AM ITA NO. 24 5 1 /DEL/201 1 ASSESSMENT YEAR:2006-07 DCIT,CENTRAL CIRCLE-20, ROOM NO. 333,E-2,ARA CENTRE, JHANDEWALAN EXTENSION,NEW DELHI V/S . SHRI DEEPAK MITTAL A-204, MAYFAIR APARTMENTS, 96,IP EXTENSION,PATPAR GANJ, DELHI-110092 (PAN:A BBPM1992M ) (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI VED JAIN,AR REVENUE BY:- SHRI SHRI KRISHNA,DR DATE OF HEARING:- 22-12-2011 DATE OF PRONOUNCEMENT:- 22-12-2011 O R D E R A.N.PAHUJA:- THIS APPEAL FILED ON 12.5.2011 BY THE REVENUE AGAIN ST AN ORDER DATED 27.1.2011 OF THE LD. CIT (APPEALS)-I, NEW DEL HI, RAISES GROUNDS RELATING TO ADDITION OF I) ` 4,66,935/- ON ACCOUNT OF UNEXPLAINED BANK CREDIT.; II) ` 4,55,000/- ON ACCOUNT OF UNEXPLAINED INVESTMENT IN KVP AND III ) ` 22,000/- ON ACCOUNT OF UNDISCLOSED INTEREST ON AFORESAID KVP . 2. AT THE OUTSET, THE LD. AR ON BEHALF OF THE ASS ESSEE POINTED OUT THAT THE TAX EFFECT IN THIS APPEAL FILED BY THE RE VENUE IS ABOUT RS. 2.89 LACS I.E BELOW THE LIMIT OF RS.3 LAKHS STIPUL ATED BY THE CBDT IN THEIR INSTRUCTION NO.3/2011 DATED 9 TH FEBRUARY, 2011. THE LD. DR APPEARING BEFORE US COULD NOT POINT OUT THAT THE CA SE FALLS WITHIN ANY OF THE FOLLOWING EXCEPTIONS IN THE AFORESAID CBDT I NSTRUCTION : A) WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVIS IONS OF AN ACT OR RULE ARE UNDER CHALLENGE, OR (B) WHERE BOARDS ORDER, NOTIFICATION, INSTRUCTION OR CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR ITA NO.2451/DEL/2011 2 (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS B EEN ACCEPTED BY THE DEPARTMENT. 3. SINCE THE AFORESAID INSTRUCTION DATED 9.2.20 11 ITSELF CLARIFIES IN PARA 11 THAT THIS WILL APPLY TO APPEALS FILED ON O R AFTER 9TH FEBRUARY 2011 AND APPEAL IN THE INSTANT CASE HAS BEEN FILED ON 12.5.2 011 IN VIOLATION OF THE SAID INSTRUCTION, WE HAVE NO ALTERNATIVE BUT TO DISMIS S THIS APPEAL OF THE REVENUE, IN LIMINE. ORDER PRONOUNCED IN THE COURT TODAY SD/- SD/- (A.D.JAIN) (A.N. PAHUJA) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) COPY OF THE ORDER FORWARDED TO :- 1. DCIT,CENTRAL CIRCLE-20,ROOM NO. 333,E-2,ARA CEN TRE, JHANDEWALAN EXTENSION,NEW DELHI. 2. SHRI DEEPAK MITTAL A-204,MAYFAIR APARTMENTS,96, IP EXTENSION,PATPAR GANJ,DELHI-110092 3. CIT (APPEALS)-I, DELHI 4. THE CIT CONCERNED. 5. THE DR, ITAT,B BENCH, NEW DELHI 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, DELHI