DCIT-CENTRAL-CIRCLE-1(4), Nagpur V. SHRI ASHOK SUNDERLAL DAGA, Nagpur

ITA 280/NAG/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3138 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 21-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained investment; Retrospective amendment; Tax effect

Judgement Text

1 ITA NO.280/NAG/2014 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 280/NAG/2014 ASSESSMENT YEAR : 2009 - 10. DY. COMMISSIONER OF INCOME - TAX, SHRI ASHOK SUNDERLAL DAGA, CENTRAL CIRCLE - 1(4), NAGPUR. VS. NAGPUR. PAN ABIPD6637P. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI NARENDRA KANE. RESPONDENT : SHRI K.P. DEWANI.. DATE OF HEARING : 02 - 02 - 2016 DATE OF PRONOUNCEMENT : 5 TH FEBRUARY, 2016. O R D E R PER MUKUL K. SHRAWAT, J.M. THIS IS AN APPEAL FILED BY THE REVENUE ARISING FROM THE ORDER OF LEARNED CIT(APPEALS) - III, NAGPUR DATED 04 - 02 - 2014 AND THE GROUND RAISED BY THE REVE NUE IS REPRODUCED BELOW : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, WHETHER THE LD. CIT(A) HAS ERRED IN DIRECTING THE ASSESSING OFFICER TO DELETE THE ADDITION OF RS.13,41,275/ - ON ACCOUNT OF UNEXPLAINED INVESTMENT IN PLOT? 2. AT THE OUTSET WE HAVE BEEN INFORMED THAT THE TAX EFFECT IN THIS APPEAL OF THE REVENUE IS LESS THAN RS.10 LAKHS. THIS APPEARS TO BE CORRECT BECAUSE THE TAX DEMANDED AS PER THE INFORMATION AVAILABLE ON RECORD WAS ONLY RS.9,97,171/ - . MOREOVER THE REVENUE DEPARTMENT HAS CHALLE NGED THE ADDITION OF ONLY OF RS.13,41,275/ - ON WHICH ADMITTEDLY THE TAX INVOLVED WAS STATED TO BE LESS THAN RS.10 LAKHS. 2 ITA NO.280/NAG/2014 3. ON THIS ISSUE NOW CBDTS CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 HAS BEEN BROUGHT TO OUR NOTICE. IN THE SAID CIRCULAR IT HAS BEEN SPE CIFIED THAT THE CIRCULAR WOULD HAVE RETROSPECTIVE EFFECT AND THE REVENUE WOULD NOT PRESS AND WOULD WITHDRAW SUCH APPEALS. THERE ARE CERTAIN EXCEPTIONS MENTIONED IN THE SAID CIRCULAR. LEARNED D.R. COULD NOT POINT OUT THAT ANY OF THESE CASES ATTRACT THE EX CEPTIONS PROVIDED IN THE SAID CIRCULAR. IN THESE CIRCUMSTANCES, IN THE LIGHT OF THE ABOVE SAID CBDT CIRCULAR, THIS APPEAL IS DISMISSED ON ACCOUNT OF TAX EFFECT IN LIMINE. 3. IN THE RESULT, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 5 TH DAY OF FEBRUARY, 2016. SD/ - SD/ - (SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER JUDICIAL MEMBER NAGPUR, DATED: 5 TH FEBRUARY, 2016. COPY FORWARDED TO : 1. SHRI ASHOK SUNDERLAL DAGA, 5 TH TEMPLE ROAD, CIVIL LINES, NAGPUR - 440001. 2. D.C.I.T., CENTRAL CIRCLE - 1(4), NAGPUR. 3. COMMISSIONER OF INCOME - TAX - ,NAGPUR. 4. CIT(APPEALS) - III, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER WAKODE. ASSISTANT REGISTRAR, ITAT, NAGPUR