DCIT, New Delhi V. Shri Baljit Singh Gill, New Delhi

ITA 404/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8006 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-03-2016
• Assessment Year: misc
• Appeal Filed On: 22-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Assessee Lawyers: MANALI JAIN
• Keywords: Additional evidence; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: A NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A .NO.-404/DEL /2013 (ASSESSMENT YEAR-2008- 09) DCIT, CIRCLE-26(1), ROOM NO.-1802, 18 TH FLOOR, E-2 BLOCK, CIVIC CENTRE, NEW DELHI-110002. (APPELLANT) VS BALJIT SINGH GILL, 4205, PAHARI DHIRAJ, NEW DELHI-110018. PAN-AAMPG7107L (RESPONDENT) APPELLANT BY SH.K.K.JAISWAL, DR RESPONDENT BY MS. MANALI JAIN, CA ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 09.11.2012 OF CIT(A)-XXIV, NEW D ELHI PERTAINING TO 2008-09 ASSESSMENT YEAR ON THE FOLLOWING GROUND: 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE CIT(A) HAS ERRED IN ADMITTING ADDITIONAL EVIDENCES AND ACCEPTING OF CASH SYSTEM OF ACCOUNTING INSTEAD OF MERCANTILE SYSTEM AS CONFIR MED IN COLUMN 11(B) OF THE AUDIT REPORT U/S 44AB AND IT IS WITHOUT CALL ING REMAND REPORT. 2. CONSIDERING THE AMOUNT AT STAKE FOR THE REVENUE, BOTH THE PARTIES WERE REQUIRED TO ADDRESS CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CBDT. ON CONSIDERATION OF THE FACTS ON RECORD AND THE AFO RESAID CIRCULAR OF THE CBDT, THE LD. SR. DR FAIRLY CONCEDED THAT THE DEPARTMENTA L APPEAL HAS BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN R S.10 LAKH. 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY DATE OF HEARING 31.03.2016 DATE OF PRONOUNCEMENT 06.05.2016 I.T.A .NO.-404/DEL/2013 PAGE 2 OF 2 THE DEPARTMENT BEFORE INCOME TAX APPELLATE TRIBUNAL . VIDE PARA 10 OF THE AFORESAID CIRCULAR PARA 3 HAS BEEN MADE APPLICABLE RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRU CTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX A CT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APPEAL CON SIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 06 MA Y, 2016. SD/- SD/- (PRASHANT MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 06/05/2016 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI