ITO, Dehradun V. Shri Akhilesh Manglik, Dehradun

ITA 3968/DEL/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77787 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 15-07-2014
• Assessment Year: 2000-2001
• Appeal Filed On: 01-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A MISHRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SH. J. S. REDDY, AM AND SH. GEORGE GEORGE K. , JM ITA NO. 4117/DEL/2011 : ASS TT. YEAR : 2000-01 AKHILESH MANGLIK, B-5, INDUSTRIAL ESTATE, DEHRADUN (UTTARAKHAND) VS INCOME-TAX OFFICER, WARD 2(1) DEHRADUN (UTTARAKHAND) (APPELLANT) (RESPONDENT) ITA NO. 3968/DEL/2011 : ASSTT. YEAR : 2000-01 INCOME-TAX OFFICER, WARD 2(1) DEHRADUN (UTTARAKHAND) VS AKHILESH MANGLIK, B-5, INDUSTRIAL ESTATE, DEHRADUN (UTTARAKHAND) (APPELLANT) (RESPONDENT) PAN NO. ABNPM2826Q ASSESSEE BY : SH. PIYUSH KAUSHIK, ADV. REVENUE BY : SH. A. MISHRA, CI T DR DATE OF HEARING : 15.7.2014 DATE OF PRONOUNCEMENT : 18.7.2014 ORDER PER GEORGE GEORGE K., JM: THESE ARE CROSS APPEALS FILED AGAINST THE ORDER OF CIT(A) DATED 2.6.2011, PERTAINING TO ASSESSMENT YEAR 2000-01. 2. AT THE TIME OF HEARING OF THE ASSESSEES APPEAL (ITA NO. 4117/2011), THE LD. COUNSEL FOR THE ASSESSEE SUBMIT TED THAT HE IS WITHDRAWING THE APPEAL. AN ENDORSEMENT TO THAT EFFE CT HAS BEEN RECORDED IN THE ORDER SHEET. ACCORDINGLY, THE ASSESSEES APP EAL IS DISMISSED AS WITHDRAWN. ITA NO. 4117 & 3968/DEL/2011 AKHILESH MANGLIK 2 3. IN THE REVENUES APPEAL THE GROUNDS RAISED READS AS UNDER:- 1. THAT THE LD. CIT(A) HAS ERRED IN LAW AND ON FAC TS IN ISSUING DIRECTIONS TO VERIFY WHETHER THE AMOUNT IN QUESTION HAS BEEN OFFERED TO TAX IN HANDS OF ANY OF THE ENTITIES ON WHOM THE SUR VEY OPERATIONS WERE CARRIED OUT. 2. THAT THE LD. CIT(A) HAS ERRED IN LAW AND ON FACT S IN NOT DECIDING THE ISSUE EITHER IN FAVOUR OF THE ASSESSEE OR IN REJECT ING THE APPEAL OF THE ASSESSEE ON THE BASIS OF MATERIAL AVAILABLE ON RECO RD. 3. THE ORDER OF LD. CIT(A) BE SET ASIDE AND THAT OF A.O BE RESTORED. 4. FROM THE ABOVE GROUNDS, THE REVENUE HAS NOT MADE OUT ANY GRIEVANCE AGAINST THE ORDER OF THE CIT(A). THE LD. DR ALSO DID NOT POINT OUT ANY SPECIFIC GRIEVANCE, AS AGAINST THE ORDER OF THE CIT(A). MOREOVER, THE LD. COUNSEL FOR THE ASSESSEE, SUBMITTED THAT IN VIEW OF THE REVISED MONETARY LIMIT ISSUED BY THE BOARD INSTRUCTIONS DAT ED 10.7.2014 (CBDT INSTRUCTIONS NO. 5/2014), THE TAX EFFECT IN THIS CA SE WOULD BE BELOW THE MONETARY LIMIT PRESCRIBED BY THE BOARD. IT WAS FURT HER SUBMITTED THAT IN VIEW OF THE JUDGMENT OF THE HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF COMMISSIONER OF INCOME TAX VS M/S P. S. JAI N AND COMPANY (ITR 179/1991 JUDGMENT DATED 2.8.2010), THE REVISED BOARD CIRCULAR ARE APPLICABLE TO THE PENDING CASES. 5. AFTER HEARING RIVAL CONTENTIONS, WE ARE OF THE V IEW THAT SINCE REVENUE HAS NOT BEEN ABLE TO POINT OUT ANY SPECIFIC GRIEVANCE IN THEIR APPEAL, THE REVENUES APPEAL IS TO BE DISMISSED AND WE ACCORDINGLY DISMISS THE SAME. ITA NO. 4117 & 3968/DEL/2011 AKHILESH MANGLIK 3 6. IN THE RESULT, BOTH ASSESSEES AND REVENUES APP EAL ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18/7/2014 SD/- SD/- (J. S. REDDY) (G EORGE GEORGE K.) ACCOUNTANT MEMBER JUDICIAL MEMBE R DATED: 18/7/2014 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR DATE INITIAL 1. DRAFT DICTATED ON 15.7.2014 PS 2. DRAFT PLACED BEFORE AUTHOR 15.7.2014 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.