ACIT, New Delhi V. Shri Rajeev Gautam, New Delhi

ITA 3806/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6814 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 11-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: LIVJIT SINGH KOHLI
• Keywords: Tax effect
• Section: 68

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI D BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND S HRI KULDIP SINGH , JUDICIAL MEMBER ITA NO. 3806 /DEL/201 5 [A.Y 20 1 0 - 1 1 ] THE A.C. I.T . VS. SHRI RAJEEV GAUTAM CIRCLE 71(1) 131, MANDAKINI APARTMENT NEW DELHI ALAKNANDA, NEW DELHI PAN : AATPG 1499 G [APPELLANT] [RESPONDENT] DATE OF HEARING : 11 . 0 7 .201 8 DATE OF PRONOUNCEMENT : 1 2 .0 7 .2018 ASSESSEE BY : SHRI LIVJIT SINGH KOHLI, ADV REVENUE BY : S HRI AMIT JAIN , SR. DR ORDER PER N.K. BILLAIYA , ACCOUNTANT MEMBER, THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 30 . 03 .201 5 OF COMMISSIONER OF INCOME TAX[APPEALS] - 21 , NEW DELHI PERTAINING TO ASSESSMENT YEAR 2010 - 11. 2. THE ONLY GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF RS. 15 LAKHS U/S 68 OF THE ACT. 2 3. A PERUSAL OF THE GRIEVANCE OF THE REVENUE SHOWS THAT TAX EFFECT IS LESS THAN RS. 10 LAKHS AND, THEREFORE, THIS APPEAL BY THE REVENUE IS NOT MAINTAINABLE IN LIGHT OF THE CBDT I N ITS CIRCULAR NO. 21/2015 DATED 10.12.2015 BY WHICH THE BOARD HAS INSTRUCTED THE REVENUE NOT TO PREFER APPEAL BEFORE THE TRIBUNAL WHERE THE TAX EFFECT IS LESS THAN RS.10 LAKHS. ACCORDINGLY, GROUND RAISED BY THE REVENUE IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 1 2 .0 7 .2018. SD/ - SD/ - [ KULDIP SINGH] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 1 2 T H JU LY , 2018 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI 3 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 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