DCIT, New Delhi V. Sh. Abhishek Verma, New Delhi

ITA 4457/DEL/2010

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 3581 (ITAT-DELHI)
• Duration Of Justice: 7 year(s) 10 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 17-07-2017
• Assessment Year: 1991-1992
• Appeal Filed On: 06-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S R SENAPATI
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI A BENCH, NEW DELHI BEFORE SHRI RAJPAL YADAV , JUDICIAL MEMBER, AND SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER ITA NO. 4457 / DEL/201 0 [ASSESSMENT YEAR : 1991 - 92 ] THE DY .C.I.T VS. SHRI ABHISHEK VERMA CENTRAL CIRCLE 1 2 AVLON APARTMENTS, EMPIRE ESTATE NEW DELHI MEHRAULI GURGAON ROAD, DELHI CO NO. 421 /DEL/201 0 [A/O ITA NO. 4457 /DEL/201 0: ASSESSMENT YEAR : 1991 - 92 ] SHRI ABHISHEK VERMA VS. THE A.C.I.T AVLON APARTMENTS, EMPIRE ESTATE C ENTRAL CIRCLE 1 2 MEHRAULI GURGAON ROAD, DELHI NEW DELHI NEW DELHI [APPELLANT] [RESPONDENT] D ATE OF HEARING : 20 . 0 8 .201 8 DATE OF PRONOUNCEMENT : 20 .0 8 .2018 ASSESSEE BY : SHRI LALIT MOHAN, CA REVENUE BY : SHRI S.R. SENAPATI , SR. DR ORDER PER N.K. BILLAIYA, AM: - TH IS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX [APPEALS] I , NEW DELHI DATED 3 0 . 07 .201 0 2 PERTA INING TO ASSESSMENT YEAR 1991 - 92 . THE ASSESSEE HAS PREFERRED CROSS OBJECTION AGAINST THE VERY SAME ORDER OF THE CIT(A). 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE CIT(A) ERRED IN DELETING THE ADDITION MADE BY THE AO ON ACCOUNT OF UNEXPLAINED INCOME AMOUNTING TO RS. 40,62,500/ - . 3. THE GRIEVANCE OF THE ASSESSEE ITSELF SHOWS THAT THE TAX EFFECT IS LESS THAN RS. 20 LAKHS. TH IS APPEAL BY THE REVENUE HA S TO BE DISMISSED IN THE LIGHT OF THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018 BY WHICH THE BOARD HAS REVISED THE MONETARY LIMIT FOR FILING OF APPEALS BY THE DEPARTMENT BEFORE THE ITAT AND THE MONETARY LIMIT HAS BEEN FIXED AT RS. 20 LAKHS. THE BOARD AT CL AUSE 13 OF THE SAID CIRCULAR HAS CLARIFIED AS UNDER: THIS CIRCULAR WILL APPLY TO SLPS/APPEALS/CROSS OBJECTIONS/REFERENCES TO BE FILED HENCEFORTH IN SUPREME COURT/HIGH COURT/TRIBUNAL AND IT SHALL ALSO APPLY RETROSPECTIVELY TO PENDING SLPS/APPEALS/CROSS OBJ ECTIONS/ REFERENCES. THE PENDING APPEALS BELOW THE SPECIFIED TAX LIMIT IN PARA 3 ABOVE MAY BE WITHDRAWN/NOT PRESSED. 3 3. IN THE LIGHT OF THE AFORESAID CBDT CIRCULAR , THE APPEAL FILED BY THE REVENUE IS DISMISSED. 4. THE LD. AR DID NOT PRESS T HE CROSS OBJECTION AND HENCE THE SAME IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE STAND DISMISSED. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 20 . 0 8 .2018. S D / - S D / - [ RAJPAL YADAV ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 20 TH AUGUST , 2018 VL/ COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 4 DATE OF DICTATION 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