DCIT, New Delhi V. M/s. Micromax Technologies Pvt. Ltd., New Delhi

ITA 3338/DEL/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2712 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 25-05-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: FARHANTH KHAN
• Assessee Lawyers: N O N E
• Keywords: Unexplained cash credit; Tax effect

Judgement Text

1 I. T. APPEAL NOS. 3338 & 3339/DEL/2015 ASSESSMENT YEARS : 2006-07 & 2007-08. IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCHES: E NEW DELHI ] BEFORE SHRI I. C. SUDHIR, JUDICIAL MEMBER AND SHRI L. P. SAHU, ACCOUNTANT MEMBER I. T. APPEAL NOS. 3338 & 3339/DEL/2015 ASSESSMENT YEARS : 2006-07 & 2007-08. DEPUTY COMMISSIONER M/S. MICROMAX TECHNOLOGIES PVT. LTD., OF INCOME TAX, VS. P 31, WEST PATEL NAGAR, CENTRAL CIRCLE : 20, N E W D E L H I 110 008. N E W D E L H I. PAN : AAACM 7070 M (APPELLANT) (RESPONDENT) ASSESSEE BY : N O N E; DEPARTMENT BY : SHRI FARHANTH KHAN, SR. D.R.; DATE OF HEARING : 27.07.2017 DATE OF PRONOUNCEMENT : 27.07.2017 O R D E R . PER I. C. SUDHIR, J. M. : THE REVENUE HAS QUESTIONED FIRST APPELLATE ORDER ON THE FOLLOWING COMMON EFFECTIVE GROUND :- 1. THE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN LAW AS WELL AS ON FACTS IN DELETING THE ADDITION OF RS.12,39,000/- [FOR ASSESSMENT YEAR 2006-07] AND RS.15,92,000/- [FOR ASSESSMENT YEAR 2007-08] ON ACCOUNT OF UNEXPLAINED CASH CREDITS WITHOUT EXAMINING AND ADJUDICATING UPON MERITS OF THE CASE. 2 I. T. APPEAL NOS. 3338 & 3339/DEL/2015 ASSESSMENT YEARS : 2006-07 & 2007-08. 2. SINCE UNDISPUTEDLY THE TAX EFFECT IN THESE APPEALS PREFERRED BY THE REVENUE IS BELOW RS.10,00,000/-, HENCE THE PRESENT APPEALS ARE NOT MAINTAINABLE AS THESE HAVE BEEN FILED IN VIOLATION OF THE CBDT CIRCULAR NO.21/2015 DATED 10.12.2015, WHICH IS HAVING STATUTORY FORCE UNDER SECTION 268A OF THE I. T. ACT. BOTH THE APPEALS ARE ACCORDINGLY DISMISSED, AS NOT MAINTAINABLE. 3. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON : 27 TH JULY, 2017 . SD/- SD/- ( L. P. SAHU ) ( I. C. SUDHIR ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : THE 27 TH JULY, 2017 . *MEHTA* 3 I. T. APPEAL NOS. 3338 & 3339/DEL/2015 ASSESSMENT YEARS : 2006-07 & 2007-08. COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT; 2. RESPONDENT; 3. CIT; 4. CIT (APPEALS); 5. DR, ITAT, ND. BY ORDER ASSISTANT REGISTRAR DATE DRAFT DICTATED ON 27.07.2017 DRAFT PLACED BEFORE AUTHOR 27.07.2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER. 4 I. T. APPEAL NOS. 3338 & 3339/DEL/2015 ASSESSMENT YEARS : 2006-07 & 2007-08. 5 I. T. APPEAL NOS. 3338 & 3339/DEL/2015 ASSESSMENT YEARS : 2006-07 & 2007-08.