ACIT, New Delhi V. Ms. Classic Lamps Industries Pvt. Ltd., New Delhi

ITA 3056/DEL/2014

AI Insights

The case involves an appeal by the Revenue against the order of the Learned Commissioner of Income Tax (Appeals)-III, New Delhi, which pertained to the Assessment Year 2009-10. The primary issue in the appeal was the deletion of an addition of Rs. 18,00,000 out of a total addition of Rs. 2,01,06,000 made on account of unexplained cash credit by the Assessing Officer (AO) in the books of the assessee, M/s Classic Lamps Industries Pvt. Ltd. The Income Tax Appellate Tribunal (ITAT) found that the tax effect in this appeal was below the prescribed limit for filing an appeal, leading to the dismissal of the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129201 (ITAT-DELHI)
• Duration Of Justice: 9 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 18-06-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 15-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SARVESH
• Keywords: Unexplained cash credit; Tax effect

Judgement Text

ITA No.-3056/Del/2014 M/s Classic Lamps Industries Pvt.Ltd. Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘G’: NEW DELHI) BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No:- 3056/Del/2014 ( Assessment Year: 2009-10) ACIT, Central Circle- 17, New Delhi. Vs. M/s Classic Lamps Industries Pvt. Ltd., 4827/24, Ansari Road, Daryaganj, New Delhi-02. APPELLANT RESPONDENT PAN No: AACCC7565M Revenue By : Shri H.K. Choudhary, (CIT) DR Assessee By : Shri Sarvesh, Adv. Date of Hearing : 19.06.2023 Date of Pronouncement : 21.06.2023 ORDER PER SHAMIM YAHYA, A.M. This appeal by Revenue is directed against the order passed by the Learned Commissioner of Income Tax (Appeals)-III, New Delhi, dated 24.03.14 and pertains to Assessment Year 2009-10. The Grounds of appeal are as under:- “1. That the Commissioner of Income Tax (Appeals) erred in law and on facts of the case in deleting the addition of Rs. 18,00,000 out of total addition of Rs. 2,01,06,000 made on account of unexplained cash credit by the AO in the books of the assessee. 2 (a) The order of the CIT(A) is erroneous and not tenable in law and on ITA No.-3056/Del/2014 M/s Classic Lamps Industries Pvt.Ltd. Page 2 of 3 facts. (b) The appellant craves leave to add, alter or amend any / all of the grounds of appeal before or during the course of the hearing of the appeal.” 2. At the outset, it is noticed that the tax effect in this appeal is below Rs. 50,00,000 fixed by the CBDT for filing appeal before the Income Tax Appellate Tribunal, Hence this appeal is liable to be dismissed for lack of tax effect. Hence, this appeal is dismissed. 3. In the result, appeal of the Revenue stand dismissed. Order pronounced in the open court on 21/06/2023 Sd/- Sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 21/06/2023 (Pooja) Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA No.-3056/Del/2014 M/s Classic Lamps Industries Pvt.Ltd. Page 3 of 3 Date of dictation 19.06.2023 Date on which the typed draft is placed before the dictating Member 19.06.2023 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