DCIT, Central circle-8, New Delhi V. Jai Mata Di Landscapers P.Ltd, New Delhi

ITA 4125/DEL/2018

AI Insights

The case involves the Deputy Commissioner of Income Tax, Central Circle-8, New Delhi (Appellant) against M/s Jai Mata Di Landscapers Pvt. Ltd. (Respondent) concerning the Assessment Year 2012-13. The Revenue appealed against the order of the CIT(A)-24, New Delhi, which had deleted additions made on account of unexplained investments and credits. The CIT(A) had also accepted the books of account of the assessee, which the Revenue contested. However, due to the CBDT Circular No. 17/2019, the appeal was dismissed without further examination of the substantive issues.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 114055 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 2 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 28-08-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 29-05-2018
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit; Unexplained investment; Tax effect
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘C’: NEW DELHI) BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT JUDICIAL MEMBER ITA No:- 4125/Del/2018 ( Assessment Year: 2012-13) Deputy Commissioner of Income Tax, Central Circle-8, New Delhi. Vs. M/s Jai Mata Di Landscapers Pvt. Ltd., flat No. 111, 1 st Floor, Empire Plaza, Plot No. 99,, M.G. Raod, Sultanpur, New Delhi-110030. PAN No: AACCJ4265F APPELLANT RESPONDENT C.O. No.:- 159/Del/2018 ( Assessment Year: 2012-13) M/s Jai Mata Di Landscapers Pvt. Ltd., flat No. 111, 1 st Floor, Empire Plaza, Plot No. 99,, M.G. Raod, Sultanpur, New Delhi-110030. Vs. Deputy Commissioner of Income Tax, Central Circle-8, New Delhi. PAN No: AACCJ4265F APPELLANT RESPONDENT Assessee by : None Revenue by : Shri Waseem Arshad, CIT(DR) Date of Hearing : 29.08.2023 Date of Pronouncement : 29.08.2023 ITA No. 4125/Del/2018 and C.O. No. 159/Del/2018 Jai Mata Di Landscapers P. Ltd. Page 2 of 4 ORDER PER N.K. BILLAIYA, AM ITA No.- 4125/Del/2018 and C.O. No.- 159/Del/2018, appeal by the Revenue and C.O. by the assessee preferred against the order of the CIT(A)-24, New Delhi, dated 13.03.2018 pertaining to AY 2012-13. The grievance of the Revenue reads as under: “1. The order of Ld. CIT(A) is not correct in facts. 2. The Ld. CIT(A) has erred in deleting the addition of Rs. 80,00,000/- on account of unexplained investment under section 69 of the Income- Tax Act, 1961. 3. The Ld. CIT(A) has erred in deleting the addition Rs. 72,00,000/- on account of unexplained credits /receipts. 4. The Ld. CIT(A) has erred in accepting the books of account of the assessee produced before the CIT(A) without verification of the same and more so when the full books of accounts were not produced before the assessing officer during the course of the assessment proceedings despite repeated opportunities. 5. The Ld. CIT(A) has erred in accepting the contentions of te assessee that mere payments though bank/ cheque explained the source of investment on the absence of any other supporting documents. 6. The Ld. CIT(A) has erred in facts by holding that by mere submission of a part of an unverified ledger the assessee has discharged his primary onus. 7. the appellant craves leave to add, amend any / all the ground of appeal before or during the course of hearing of the appeal.” 2. None appeared on behalf of the assessee inspite of notice, therefore, we decided to proceed exparte. 3. A perusal of the grounds of appeal shows that the tax effect would be less than 50 lakhs and therefore this appeal by the Revenue has to be dismissed in the light of the ITA No. 4125/Del/2018 and C.O. No. 159/Del/2018 Jai Mata Di Landscapers P. Ltd. Page 3 of 4 CBDT circular No.17/2019 dated 08.08.2019. In the light of the CBDT Circular No. 17/2019 dated 08.08.2019, the appeal is dismissed and the C.O. becomes infructuous. 4. In the result, appeal of the Revenue is dismissed and C.O. becomes infructuous. Order pronounced in the Open Court on 29.08.2023 Sd/- Sd/- (KUL BHARAT) (N.K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 29/08/2023. Pooja/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI ITA No. 4125/Del/2018 and C.O. No. 159/Del/2018 Jai Mata Di Landscapers P. Ltd. Page 4 of 4 Date of dictation 29.08.2023 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