ITO, New Delhi V. Sh. Sushil Kumar Daga, New Delhi

ITA 2509/DEL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6822 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 21-07-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 29-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHRI
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-2 NEW DELHI BEFORE SHRI S.V. MEHROTRA : ACCOUNTANT MEMBER ITA NO. 2509/DEL/2015 ASSTT. YR: 2010-11 INCOME-TAX OFFICER, VS. SH. SUSHIL KUMAR DAGA WARD-22(1), NEW DELHI. J-2/80A, DDA FLATS, KALKAJ I, NEW DELHI. PAN: AAKPD 3916 F ( APPELLANT ) (RESPONDENT) DEPARTMENT BY : SHRI N.K. BANSAL SR. DR ASSESSEE BY : SHRI PANKAJ GAR ADV. & SHRI MILIND GARG ADV. & SH. A.S.M. TRIPATHI ADV. DATE OF HEARING : 21/07/2016. DATE OF ORDER : 28/07/2016. O R D E R THIS IS REVENUES APPEAL AGAINST THE ORDER DATED 27.2.2015, PASSED BY THE LD. CIT(A)-X, NEW DELHI, RELATING TO A.Y. 2010 -11. 3. SOLE GROUND RAISED BY THE REVENUE IN ITS APPEAL, IS AS UNDER: THE LD. CIT(A) ERRED O N FACTS AND CIRCUMSTANCES OF THE CASE IN DELETING THE ADDITION AMOUNTING TO RS. 25,58,625 /- MADE ON ACCOUNT OF UNEXPLAINED SUNDRY CREDITORS BY IGNORING THE FACT THAT ASSESSEE FAILED TO PROVIDE THE ADDRESS OF THE SUNDRY CREDITOR IN THE ABSENCE OF THE SAME CROSS VERIFICA TION IS NOT POSSIBLE FOR THE AO. 4. LD. DR AT THE OUTSET SUBMITTED THAT, PRIMA FACIE , THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS. 10 LAKHS. THEREFORE, IN TERMS OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015, STI PULATING THAT NO 2 DEPARTMENTAL APPEAL, INVOLVING TAX EFFECT BELOW RS .10 LAKHS, SHALL BE FILED BEFORE THE ITAT AND FURTHER THAT SUCH INSTRUCTION W OULD APPLY RETROSPECTIVELY AND THE PENDING APPEALS BELOW THE S PECIFIED TAX LIMIT OF RS.10 LAKH MAY BE WITHDRAWN/NOT PRESSED, THE DEPART MENT MAY BE ALLOWED TO WITHDRAW THE APPEAL, PROVIDED THAT IT SHOULD NOT BE CONSIDERED AS A PRECEDENT +IN THE SUBSEQUENT YEARS OF THE ACCEPTANCE OF ISSUE S INVOLVED IN THIS APPEAL AND, THEREFORE, IF IN THE SUBSEQUENT YEAR SIMILAR I SSUE ARISES BEFORE THE ITAT, WHERE THE APPEAL IS ABOVE THE TAX LIMIT, AS PRESCRI BED IN THE BOARDS CIRCULAR, THE SAME SHOULD BE DECIDED ON MERITS. 5. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES, THE DEPARTMENTAL APPEAL IS TREATED AS WITHDRAWN IN TERM S OF BOARDS CIRCULAR, REFERRED TO ABOVE. 6. IN THE RESULT, REVENUES APPEAL IS DISMISSED HAV ING BEEN WITHDRAWN. ORDER PRONOUNCEMENT IN OPEN COURT ON 28/07/2016. SD/- (S.V. MEHROTRA) ACCOUNTANT MEMBER DATED:28/07/2016. *MP* COPY OF ORDER TO: 1. ASSESSEE 2. AO 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI.