DCIT, Dehradun V. Sh. Deshpal Singh Kohli, Dehradun

ITA 3157/DEL/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6602 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 18-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAVI JAIN
• Keywords: Tax effect
• Section: 143(3); 153A; 139

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 3157/DEL/2015 AY: 20 05-06 DCIT, VS DESHPAL SINGH KOHLI, CENTRAL CIRCLE, 46, SAHARANPUR ROAD, DEHRADUN. DEHRADUN. (PAN: ACGPK1599Q) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAVI JAIN, CIT D.R. RESPONDENT BY : NONE ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER DATED 26.02.2015 OF LD.CIT(A), DEHRADUN FOR ASSESSMENT YEAR 2005-06. 2. THE TAX EFFECT IN THESE APPEALS BY THE REVENUE DOES NOT EXCEED THE MONETARY LIMIT OF RS.10 LAKHS SPECIFIED IN RECENT CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER, 2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF TH E INCOME TAX ACT 1961, INASMUCH AS THE TAX EFFECT IS RS. 6,36542 /-, WHICH HAS BEEN REPRODUCED FROM THE CHART SUBMITTED ON BEHALF OF THE ASSESSEE AS UNDER:- I.T.A. NO. 3157/DEL/2015 ASSESSMENT YEAR 2005-06 2 FROM THE ABOVE SAID CHART IT CLEARLY TRANSPIRES THA T THE DIFFERENCE BETWEEN TAX ON RETURNED INCOME AND TAX O N ASSESSED INCOME IS RS. 6,36,542/- WHICH IS BELOW THE PRESCRI BED LIMIT OF THE BOARD CIRCULAR. 2.1 FURTHER IN THIS CBDT CIRCULAR, AT PARA 10 IT IS SP ECIFIED THAT THE INSTRUCTION WILL APPLY RETROSPECTIVELY, TO ALL PENDING APPEALS. 3. THE LD. D.R. COULD NOT CONTROVERT THE FACT THAT THE TAX EFFECT ON THE QUANTUM OF INCOME IN DISPUTE IS BELOW THE MONET ARY LIMIT OF RS.10,00,000/- (TEN LAKHS ONLY). 4. NONE APPEARED FOR THE ASSESSEE . S.NO. NET INCOME TAX REMARKS 1 . ! ORIGINAL RETURN FILED U/S 139 ON 26.12.2005 4,73,690/- 1,04,612/- AS PER ORDER U/S 143(1) ENCLOSED 2. RETURN U/S 153A FILED ON 08.10.2012 4,73,690/- 1,04,612/- INCOME TAX ACKNOWLEDGEMENT ENCLOSED 3. INCOME ASSESSED U/S 153A(L)(B) R.W.S. 143(3) ON 28.03.2013 23,33,700/- 7,41,154/- AS PER WORKING OF NOTICE OF DEMAND AND NOTICE OF DEMAND 4. DIFFERENCE BETWEEN INCOME RETURNED AND ASSESSED(3-2) 18,60,010/- 6,36,54 2/- TAX EFFECT IS LESS THAN RS. 10 LACS RELIEF BY CIT(A) 18,60,010/- I.T.A. NO. 3157/DEL/2015 ASSESSMENT YEAR 2005-06 3 5. HENCE WE DISMISS THIS APPEAL FILED BY THE REVENUE ON THE GROUND THAT THE TAX EFFECT IN THE PRESENT APPEAL DO ES NOT EXCEED THE MONETARY LIMIT SPECIFIED BY THE CBDT CIRCULAR NO.21 /2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, AND HENCE NOT M AINTAINABLE. 6. IN CASE THERE IS A MISTAKE IN THE CALCULATION OR I F THE CASE IS COVERED BY ANY OF THE EXCEPTION SPECIFIED IN THE CI RCULAR, THE REVENUE MAY FILE A MISC. APPLICATION U/S 254(2) OF THE INC OME TAX ACT 1961 POINTING OUT THE MISTAKE AND IF THE BENCH IS CONVIN CED OF THE MISTAKE, THIS ORDER WILL BE RECALLED AND THE APPEAL RESTORED FOR FRESH DISPOSAL ON MERITS. 7. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST OF MARCH, 2016. SD/- SD/- (S.V. MEHROTRA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: THE 1 ST OF MARCH, 2016 GS I.T.A. NO. 3157/DEL/2015 ASSESSMENT YEAR 2005-06 4 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR