INCOME TAX OFFICER WARD-2(4), Nagpur V. SHRI KAKURAM F.KUKREJA, Nagpur

ITA 398/NAG/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2147 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 14-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A R NINAWE
• Keywords: Business income; Tax effect

Judgement Text

1 ITA NO. 398/NAG/2014. IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. (S.M.C.) I.T.A. NO. 3 98 /NAG/201 4 . ASSESSMENT YEAR : 200 8 - 09. THE INCOME - TAX OFFICER, LATE SHRI KAKURAM FAGUMAL KUKREJA, WARD - 2(3), NAGPUR. VS. THROUGH LEGAL HEIR, SHEELADEVI, WD/O KAKURAM KUKREJA, NAGPUR. PAN A DOPK0132G APPELLANT. RESPONDENT. APPELLANT BY : S HRI A.R. NINAWE. RESPONDENT BY : SHRI MANOJ MORYANI. DATE OF HEARING : 11 - 07 - 2016 DATE OF PRONOUNCEMENT : 11 TH JULY, 2016 O R D E R THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEALS) - I, NAGPUR DATED 30 - 05 - 2014 AND PERTAINS TO ASSESSMENT YEAR 2008 - 09. THE GROUNDS OF APPEAL READ AS UNDER : 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT(A) WAS JUSTIFIED IN TAKING CREDITS IN BANK ACCOUNT AS THE GROSS BUSINESS RECEIPTS AND ADOPTING 5% ON IT AS BUSINESS INCOME, WHEN THE ASSESSEE HAS NOT ESTABLISHED THAT CASH CREDITS OF R.23,06,000/ - HAVE BEEN GENERATED THROUGH BUSINESS SALES. 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT(A) WAS JUSTIFIED IN ACCEPTING THE SO CALLED CASH WITHDRAWAL S MADE FROM VARIOUS BANK ACCOUNTS REFERRED TO IN PARA - 5 OF HIS ORDER AS AVAILABLE FOR CASH DEPOSITS WHEN EVEN THE BASIC INFORMATION ABOUT THOSE BANK ACCOUNTS LIKE ACCOUNT NUMBER, NAME OF ACCOUNT HOLDER, ETC. IS NOT DISCUSSED IN THE APPEAL ORDER. 2 ITA NO. 398/NAG/2014. 3. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, LEARNED CIT(A) WAS JUSTIFIED IN ADMITTING EVIDENCE REGARDING BANK ACCOUNTS REFERRED TO IN PARA - 5 WITHOUT GIVING AN OPPORTUNITY TO THE A.O. IN VIOLATION OF RULE - 46A OF I.T. RULES. 2. AT THE THRESHOLD I N OTE THAT AS PER THE CBDT CIRCULAR NO. 21/2015 DATED 10 - 12 - 2015 THE MONETARY LIMIT FIXED FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE INCOME - TAX APPELLATE TRIBUNAL IS HAVING TAX EFFECT OF MORE THAN RS.10,00,000/ - . IT HAS BEEN MENTIONED IN PARA 10 OF THE ABOVE SAID CIRCULAR THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS. FURTHER IT HAS BEEN PROVIDED THAT THE PENDING APPEALS BELOW THE SPECIFIED LIMIT MAY BE WITHDRAWN/NOT PRESSED. I FIND THAT IN THIS APPEAL THE TAX EFFECT IS BELOW RS.10, 00,000/ - . 3. THERE ARE CERTAIN EXCEPTIONS PROVIDED IN THE ABOVE SAID CIRCULAR. LEARNED D.R. DID NOT DISPUTE THAT THIS APPEAL IS BELOW THE ABOVE SAID LIMIT. FURTHER HE COULD NOT POINT OUT ANY FEATURE IN THE PRESENT APPEAL INVITING ANY OF THE EXCEPTIONS IN T HE SAID CIRCULAR. 4. IN THE LIGHT OF THE ABOVE OBSERVATIONS, THIS APPEAL BY THE REVENUE STANDS DISMISSED IN LIMINE ON ACCOUNT OF TAX EFFECT. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11 TH DAY OF JULY,2016. SD/ - ( SHAMIM YAHYA) ACCOUNTANT MEMBER. NAGPUR, DATED: 11 TH JULY, 2016. 3 ITA NO. 398/NAG/2014. COPY FORWARDED TO : 1. S HEELADEVI KAKURAM KUKREJA, PLOT NO. 150, C/O RANI KIRANA STORES, SIDHU NAGAR SOCIETY, JARIPATKA, NAGPUR. 2. I.T.O., WARD - 2(3), NAGPUR. 3. C.I.T. - I, NAGPUR. 4. CIT(APPEALS), - II, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGIS TRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. WAKODE.