ACIT, New Delhi V. Shri Salek Chand Jain, New Delhi

ITA 3521/DEL/2011

• Counselvise Citation: 352120114 RSA 2011
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-09-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 12-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIRANJAN KANTI
• Assessee Lawyers: SAILASH GUPTAAR
• Keywords: Unexplained investment; Audit objection; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI G BENCH BEFORE SHRI R.P. TOLANI, JM & SHRI A.N. PAHUJA, AM ITA NO.3521/DEL/2011 ITA NO.3521/DEL/2011 ITA NO.3521/DEL/2011 ITA NO.3521/DEL/2011 ASSESSMENT YEAR:2007-08 ACIT, CENTRAL CIRCLE-10, NEW DELHI (PAN:AAEPJ1287A) (PAN:AAEPJ1287A) (PAN:AAEPJ1287A) (PAN:AAEPJ1287A) V/S V/S V/S V/S. SHRI SALEK CHAND JAIN, 685, CHITLA GATE, CHAWRI BAZAR, DELHI -6 (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI SAILASH GUPTA,AR REVENUE BY:- SHRI NIRANJAN KANTI,CIT,DR DATE OF HEARING:- 13-09-2011 DATE OF PRONOUNCEMENT:- 13-09-2011 O R O R O R O R D E R D E R D E R D E R A.N.PAHUJA: A.N.PAHUJA: A.N.PAHUJA: A.N.PAHUJA:- -- -THIS APPEAL BY THE REVENUE FILED ON 12.7.2011 AGAIN ST AN ORDER DATED 26.05.2011 OF THE LD. CIT (APPEALS)-II, NEW DELHI, RAISES THE FOLLOWING GROUNDS:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED CIT(A) HAS ERRED IN LAW IN DELETING THE ADDI TION OF RS.9,02,065/- MADE ON ACCOUNT OF UNEXPLAINED INVESTMENT IN JEWELLERY/UTENSILS/VALUABLE ITEMS FOUND DURING THE SEARCH AT THE ASSESSES PREMISES. 2. (A) THE ORDER OF THE CIT(A) IS ERRONEOUS AND NOT T ENABLE IN LAW AND ON FACTS. (B) THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEN D ANY/ALL OF THE GROUNDS OF APPEAL BEFORE OR DURING THE COURSE OF THE HEARING OF THE APPEAL. 2. AT THE OUTSET, THE LD. AR ON BEHALF OF THE ASS ESSEE POINTED OUT THAT THE TAX EFFECT IN THIS APPEAL FILE D BY THE REVENUE IS ABOUT RS. 2.25 LACS I.E. BELOW THE LIMI T OF RS.3 LAKHS STIPULATED BY THE CBDT IN THEIR INSTRUCTION NO.3/2011 DATED 9 TH FEBRUARY, 2011.THE LD. DR APPEARING BEFORE US COU LD NOT POINT OUT THAT THE CASE FALLS WITHIN ANY OF THE FOLLOWING EXCEPTIONS IN THE AFORESAID CBDT INSTRUCTION : A) WHERE THE CONSTITUTIONAL VALIDITY OF THE PROVISIO NS OF AN ACT OR RULE ARE UNDER CHALLENGE, OR (B) WHERE BOARDS ORDER, NOTIFICATION, INSTRUCTION O R CIRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS BEE N ACCEPTED BY THE DEPARTMENT. 2.1 SINCE THE AFORESAID INSTRUCTION DATED 9.2.2 011 ITSELF CLARIFIES IN PARA 11 THAT THIS WILL APPLY TO APPEA LS FILED ON OR AFTER 9TH FEBRUARY 2011 AND APPEAL IN THE INSTANT CASE HAS BEEN FILED ON 12.7.2011 IN VIOLATION OF THE SAID INSTRUCTION, WE HAVE NO ALTERNATIVE BUT TO DISMISS THIS APPEAL OF THE REVENUE IN LIMINE. ORDER PRONOUNCED IN THE COURT TODAY SD/- SD/- (R.P. TOLANI) (A.N. PAHUJA) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) NS DATED : 13/09/2011 COPY OF THE ORDER FORWARDED TO :- 1. ACIT, CENTRAL CIRCLE-10, NEW DELHI. 2. SHRI SALEK CHAND JAIN, 685, CHITLA GATE, DELHI- 06 3. CIT (APPEALS)-II, DELHI 4. THE CIT CONCERNED. 5. THE DR, ITAT,G BENCH, NEW DELHI 6. GUARD FILE. BY ORDER, DEPUTY/ // /ASSTT.REGISTRAR ITAT, DELHI