ACIT, New Delhi V. Sh Sanjay Gupta, New Delhi

ITA 3832/DEL/2015

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1167 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2009-2010
• Appeal Filed On: 11-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SULEKHA VERMA
• Keywords: Unexplained cash credit; Tax effect
• Section: 254(2); 68

Judgement Text

ITA NO.- 3832/DEL/2015. SHRI SANJAY GUPTA. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: F: NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER ITA NO:- 3832/DEL/2015 ( ASSESSMENT YEAR: 2009-10) ACIT, CENTRAL CIRCLE- 07, NEW DELHI. VS. SHRI SANJAY GUPTA, R/O A-1, CC COLONY, OPP. RANA PRATAP BAGH, NEW DELHI. PAN NO: AELPG6586L APPELLANT RESPONDENT REVENUE BY : SMT. SULEKHA VERMA, CIT(DR) ASSESSEE BY : NONE PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY REVENUE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-24, NEW DELHI, [LD. CIT(A), FOR SHORT], DATED 30.03.2015 FOR ASSESSMENT YEAR 2009-10. GROUNDS TAKEN IN THIS APP EAL OF REVENUE ARE AS UNDER: 1. THE ORDER OF LD. CIT(A) IS NOT CORRECT IN LAW A ND FACTS. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN LAW IN DELETING THE ADDITION OF RS. 1,16, 89,000/- MADE BY AO ON ACCOUNT OF UNEXPLAINED CREDIT U/S 68 OF THE I.T. ACT, 1961. ITA NO.- 3832/DEL/2015. SHRI SANJAY GUPTA. PAGE 2 OF 4 3. THE APPELLANT CRAVES LEAVE TO ADD, AMEND ANY/ AL L GROUNDS OF APPEAL BEFORE OR DURING THE COURSE OF HEARING OF T HE APPEAL. (B) AT THE OUTSET, WE NOTICED AT THE TIME OF HEARING TH AT TAX EFFECT IN THIS APPEAL IS BELOW RS. 50,00,000/-. VIDE RECENT CBDT CIRCULAR N O. 17/2019 DATED 08.08.2019 READ WITH EARLIER CBDT CIRCULAR NO. 3 OF 2018, DATED 11. 07.2018, MINIMUM THRESHOLD LIMIT OF TAX EFFECT FOR FILING OF APPEALS BY REVENUE IN INCO ME TAX APPELLATE TRIBUNAL (ITAT, FOR SHORT) HAS BEEN ENHANCED TO RS. 50,00,000/-. IN A SUBSEQUENT CLARIFICATION ISSUED BY CBDT VIDE F.NO. 279/MISC/M-93/2018-ITJ, DATED 20/08 /2019, IT HAS BEEN CLARIFIED BY CBDT THAT THE AFORESAID REVISED MONETARY LIMIT IS A LSO APPLICABLE TO ALL PENDING APPEALS IN ITAT. IN VIEW OF THE FOREGOING, THIS APPEAL IS NOT MAINTAINABLE. HAVING REGARD TO THE AFORESAID, THE LD. COMMISSIONER OF INCOME TAX (DEPA RTMENTAL REPRESENTATIVE) FOR REVENUE DID NOT PRESS THE APPEAL. THEREFORE, THIS APPEAL IS DISMISSED BEING NOT PRESSED AND ALSO BEING NOT MAINTAINABLE HAVING REGA RD TO AFORESAID CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 READ WITH AFORESAID CBDT C IRCULAR NO. 3 OF 2018 IN THE LIGHT OF AFORESAID CLARIFICATION DATED 20/08/2019. (C) BEFORE LEAVING, WE CLARIFY THAT REVENUE WILL BE AT LIBERTY TO APPROACH INCOME TAX APPELLATE TRIBUNAL U/S 254(2) OF INCOME TAX ACT, 1961 SEEKING RECALL OF THIS ORDER AND, FOR RESTORATION OF THIS A PPEAL IF IT IS FOUND THAT APPEAL OF REVENUE IS NOT COVERED BY AFORESAID CBDT CIRCULA RS DATED 08.08.2019 AND 11.07.2018. ITA NO.- 3832/DEL/2015. SHRI SANJAY GUPTA. PAGE 3 OF 4 (D) IN THE RESULT, THIS APPEAL BY REVENUE IS DISMISSED. OUR DECISION WAS ORALLY PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HE ARING ON THE DATE OF HEARING. NOW, THIS WRITTEN ORDER IS PRONOUNCED IN OPEN COURT ON 1 8/12/2019. SD/- SD/- (AMIT SHUKLA) (ANAD EE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 18/12/2019 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA NO.- 3832/DEL/2015. SHRI SANJAY GUPTA. PAGE 4 OF 4 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