ITO, New Delhi V. Sh. Krishan Sharma, New Delhi

ITA 2741/DEL/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6752 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 3
• Next Hearing Date: 20-07-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 07-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: SMC-3 NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER I.T.A .NO.-274 1/DEL/2015 (ASSESSMENT YEAR- 2010-11) ITO, WARD-44(4), ROOM NO.2610, 26 TH FLOOR, CIVIC CENTRE, NEW DELHI. (APPELLANT) VS KRISHAN SHARMA, 753, KAPASHERA, NEW DELHI-110037. PAN-BJNPS1178J (RESPONDENT) APPELLANT BY MS. ANIMA BARNWAL, SR.DR RESPONDENT BY NONE ORDER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 12.02.2015 OF CIT(A)-15, DELHI P ERTAINING TO 2010-11 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS: 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW LD.CIT(A) HAS ERRED IN ADMITTING ADDITIONAL EVIDENC E WITHOUT ASSIGNING ANY REASON EVEN AS NONE OF THE CONDITIONS IN RULE 4 6A ARE FULFILLED BY THE ASSESSEE. 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW LD.CIT(A) HAS ERRED IN DELETING ADDITION OF RS.19,3 9,000/- ON ACCOUNT OF UNEXPLAINED EXPENSES. 2. NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. CO NSIDERING THE AMOUNT AT STAKE FOR THE REVENUE, LD. SR. DR WAS REQUIRED TO A DDRESS CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CBDT. CONSIDERING THE SAME AND THE FACTS ON RECORD, THE LD. SR. DR REFERRING TO THE DEPARTMENTA L GROUND, SUBMITTED THAT CONSIDERING THE TAX RATES FOR 1999-2000 AY THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.10 LAKH. DATE OF HEARING 20.07.2016 DATE OF PRONOUNCEMENT 25.07.2016 I.T.A .NO.-2741/DEL/2015 PAGE 2 OF 2 3. HAVING HEARD THE SUBMISSIONS OF THE PARTIES ON T HIS ISSUE AND PERUSED THE MATERIAL ON RECORD. I FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL . PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETR OSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIO NS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX A CT, 1961 ARE BINDING ON THE AUTHORITIES, I DISMISS THE DEPARTMENTAL APPEAL CONS IDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 25 TH JULY, 2016. SD/- (DIVA SINGH) JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI