ITO, New Delhi V. Shri Goldey Narula, New Delhi

ITA 2791/DEL/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6968 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 16-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Keywords: Income from undisclosed sources; Source of fund; Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI B BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE , JUDICIAL MEMBER ITA NO. 27 91 /DEL/20 1 6 [A.Y 20 1 0 - 1 1 ] THE I.T .O VS. SHRI GOLDEY NARULA WARD 38(2) 293, POCKET 8, SECTOR 24 NEW DELHI ROHINI, NEW DELHI PAN : AAGPN 0116 Q [APPELLANT] [RESPONDENT] DATE OF HEARING : 0 8 . 0 1 .201 9 DATE OF PRONOUNCEMENT : 0 8 . 0 1 .201 9 ASSESSEE BY : NONE REVENUE BY : MS. ASHIMA NEB , SR. DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE CIT(A) - 32 , NEW DELHI DATED 2 9 .0 3 . 201 6 PERTAINING TO A.Y 20 1 0 - 1 1 . 2 2. THE SOLITARY GRIEVANCE RAISED BY THE REVENUE IS THAT THE CIT(A) ERRED IN ACCEPTING THE SOURCE OF CASH OF RS. 37.16 LAKHS AND DELETED THE ADDITION. 3. FACTS ON RECORD SHOW THAT THE ASSESSING OFFICER HAD MADE ADDITION OF RS. 98.91 LAKHS ON ACCOUNT OF UNEXPLAINED CASH DEPOSITS FROM UNDISCLOSED SOURCES OF INCOME. THE FIRST APPELLATE AUTHORITY HAS GIVEN A RELIEF OF RS. 37.16 LAKHS THEREBY SUSTAINING ADDITION OF RS. 61.75 LAKHS AGAIN ST WHICH THE REVENUE IS IN APPEAL. 4. THE GRIEVANCE OF THE REVENUE ITSELF SHOWS THAT THE TAX EFFECT IS LESS THAN RS. 20 LAKHS. THIS APPEAL BY THE REVENUE HAS TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CLAUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY 3 RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SP ECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 5. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 6 . IN THE RESULT, THE APPEAL OF THE REVENUE IN ITA NO. 2 791 /DEL/201 6 IS DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 0 8 . 0 1 .201 9 . S D / - S D / - [ SUCHITRA KAMBLE ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 0 8 T H JANUARY , 201 9 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER