A.C.I.T., Circle-2, Gwalior V. Smt. Sheela Devi Garg, Morena

ITA 27/AGR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9967 (ITAT-AGRA)
• Duration Of Justice: 2 year(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 06-08-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 03-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJARSHI SWIVEDI
• Assessee Lawyers: KAILASH C AGARWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBE R AND MRS. ANNAPURNA MEHROTRA, ACCOUNT ANT MEMBER ITA NO. 27/AGRA/2014 ASSTT. YEAR : 2007-08 A.C.I.T., CIRCLE 2, VS. SMT. SHEELA DEVI GARG, GWALIOR TILAK ROAD, MORENA [PAN: ACOPG 5417B] (APPELLANT) (RESPONDENT) APPELLANT BY : SH. RAJARSHI SWIVEDI, CIT/ D.R. RESPONDENT BY : SH. KAILASH C. AGARWAL, C.A. DATE OF HEARING : 09.02.2016 DATE OF PRONOUNCEMENT : 09.02.2016 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: THIS APPEAL BY THE REVENUE HAS BEEN DIRECTED AG AINST THE ORDER OF LEARNED CIT(A), GWALIOR DATED 13.11.2013 FOR THE AS SESSMENT YEAR 2007-08, CHALLENGING THE DELETION OF ADDITION OF RS.12,55,00 0/- ON ACCOUNT OF UNEXPLAINED SUNDRY CREDITORS. 2. ACCORDING TO CBDT CIRCULAR NO. 21 OF 2015 DATED 10.12.2015, IT IS DIRECTED THAT THE DEPARTMENT SHALL NOT FILE APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT DOES NOT EXCEED MONETARY LIMIT OF RS . 10 LACS. THE TAX EFFECT WOULD NOT INCLUDE ANY INTEREST ETC. THE CIRCULAR AP PLIES RETROSPECTIVELY TO THE PENDING APPEALS AND THE APPEALS TO BE FILED HENCEFO RTH BEFORE THE TRIBUNAL. ITA NO. 51/AGRA/2014 2 THE DEPARTMENT WOULD EITHER WITHDRAW OR WOULD NOT P RESS THE DEPARTMENTAL APPEALS. 3. ADMITTEDLY, IN THE DEPARTMENTAL APPEAL, THE TAX EFFECT IS LESS THAN RS.10 LACS AND THE ISSUE INVOLVED IN THE DEPARTMENTAL APP EAL WOULD NOT FALL IN ANY EXCEPTION PROVIDED IN THE CIRCULAR. THE LD. DR, THE REFORE, SUBMITTED THAT AS PER ABOVE INSTRUCTION, THE DEPARTMENTAL APPEAL IS NOT P RESSED. THE DEPARTMENTAL APPEAL IS, THEREFORE, DISMISSED, BEING NOT PRESSED. 4. IN THE RESULT, THE DEPARTMENTAL APPEAL IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA MEHROTRA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 9 TH FEBRUARY, 2016 *AKS/- COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR