I.T.O.WARD-5(2), Nagpur V. SHRI ABUBAKAR AHMADBHAI MITHA, Nagpur

ITA 411/NAG/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 1551 (ITAT-NAGPUR)
• Duration Of Justice: 1 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 28-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: UPSEN BORKAR
• Keywords: Unexplained investment; Tax effect
• Section: 5(2)

Judgement Text

1 ITA NO. 411/NAG/2011. IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 4 11 /NAG/2014 ASSESSMENT YEAR : 20 10 - 11. THE INCOME - TAX OFFICER, SHRI ABUBAKAR AHMADBHAI MITHA, WARD - 5(2), NAGPUR. VS. NAGPUR. PAN AA QPM 2377N APPELLANT. RESPONDENT. . APPELLANT BY : SHRI UPSEN BOR KAR. RESPONDENT BY : NONE. DATE OF HEARING : 16 - 12 - 2015. DATE OF PRONOUNCEMENT : 18 TH DECEMBER, 2015. O R D E R PER SHRI MUKUL K. SHRAWAT, J.M. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(APPEAL S) - II, NAGPUR DATED 16 - 06 - 2014. REVENUE HAS RAISED THE FOLLOWING GROUND S: 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(APPEALS) - II, NAGPUR HAS ERRED IN DELETING THE ADDITION OF RS.18,00,000/ - ON ACCOUNT OF UNEXPLAINED INVESTMENT ON PURCHASE OF PROPERTY MADE BY THE ASSESSEE WITHOUT APPRECIATING THAT NO EVIDENCES WERE PRODUCED BEFORE THE AO DURING THE ASSESSMENT PROCEEDINGS. 2. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE LEARNED CIT(APPEA LS) - II, NAGPUR WHILE DELETING THE ADDITIONS HAS ERRED IN ADMITTING DETAILS SHOWING SOURCE OF INVESTMENT IN THE HANDS OF ASSESSEES SON MR. AFZAL S/O ABU BAKAR MITHA, IS FROM THE BOOKS OF ASSESSEES SON WHICH IS IN THE NATURE OF ADMITTING ADDITIONAL EVIDENC ES, WITHOUT GIVING OPPORTUNITY TO THE AO. THE SAME IS IN CONTRAVENTION OF PROVISIONS OF RULE 46A(III) OF THE I.T. RULES. 2 ITA NO. 411/NAG/2011. 2. AT THE THRESHOLD WE NOTE 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 PR OVIDED THAT THE PENDING APPEALS BELOW THE SPECIFIED LIMIT MAY BE WITHDRAWN/NOT PRESSED. WE FIND THAT IN THIS APPEAL THE TAX EFFECT IS BELOW RS. 10,00,000/ - . 3. IN THIS CASE THE GROUND OF THE REVENUE IS ONLY IN RESPECT OF DELETION OF ADDITION OF RS.18 LAKHS ON WHICH ADMITTEDLY THE TAX EFFECT WAS LESS THAN THE SAID PRESCRIBED LIMIT. 4. WE, THEREFORE, HOLD THAT THIS APPEAL OF THE REVENUE NOW STOOD COVERED BY THE AFORE MENTIONED CIRCULAR. HENCE HEREBY DISMISSED WITHOUT DISCUSSING THE MERITS OF THE CASE. GROUND DISMISSED. 4. IN THE RESULT , THIS APPEAL BY THE REVENUE STANDS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF DEC., 2015. SD/ - SD/ - ( SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER. JUDICIAL MEMBER NAGPUR, DATED: 18 TH DEC., 2015. 3 ITA NO. 411/NAG/2011. COPY FORWARDED TO : 1. SHRI ABUBAKAR AHMADBHAI MITHA, . QUETA COLONY, LAKADGANG, NAGPUR. 2. I.T.O., WARD - 5(2) , NAGPUR. 3. COMMISSIONER OF INCOME - TAX - , NAGPUR. 4. CIT(APPEALS) - II, NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, ITAT, NAGPUR WAKODE.