THE ITO-2(4), Indore V. Shri Sachin Mohan Singh Tundele, Indore

ITA 48/IND/2017

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 5759 (ITAT-INDORE)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 03-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHMD JAVED
• Keywords: Unexplained cash credit; Audit objection; Tax effect

Judgement Text

SHRI SACHIN MOHAN SINGH TUNDELE/ I.T.A. NO.48/IND/ 2017/A.Y.:09-10 PAGE 1 OF 2 , , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE , ! .., ! ( BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER . . ./I.T.A NO.48 /IND/2017 /ASSESSMENT YEAR : 2009-10 INCOME TAX OFFICER 2(4) INDORE VS. SHRI SACHIN MOHAN SINGH TUNDELE PROPRIETOR KRISHNA CONSTRUCTION 203, ARIHANT KALASHRI PARK, ALOK NAGAR , INDORE + / APPELLANT ,-+ / RESPONDENT ! . . . / PAN:AEYPT 4660F + . / APPELLANT BY SHRI MOHMD. JAVED, SR. (DR) ,-+ . / RESPONDENT BY SHRI ATIK BANSAL, CA . / DATE OF HEARING 23.03.2017 2 . / DATE OF PRONOUNCEMENT 23.03.2017 / O R D E R PER O.P.MEENA, ACCOUNTANT MEMBER 1. THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-I, INDORE [IN SHORT CIT(A)] DATED OCTOBER, 03,2016 PERTAINING TO ASSESSMENT YEAR 2009-10, WHICH IN TUR N HAS ARISEN FROM THE ORDER DATED PASSED BY THE ITO 2(4) INDORE (IN SHORT THE AO ) UNDER SECTION 143 (3) OF INCOME TAX ACT,1961 ( IN SHORT THE ACT). 2. THE GROUND RAISED BY THE REVENUE RELATES TO RESTRIC TING ADDITION TORS 4,78,831/- ON ACCOUNT OF GROSS PROFIT ADDITION AND DELETION OF AD DITION OF RS. 16,92,438/- MADE ON ACCOUNT OF UNEXPLAINED CASH CREDIT. SHRI SACHIN MOHAN SINGH TUNDELE/ I.T.A. NO.48/IND/ 2017/A.Y.:09-10 PAGE 2 OF 2 3. WITH RESPECT TO REVENUES PRESENT APPEAL, THE LD. A UTHORIZED REPRESENTATIVE SUBMITTED THAT THE SAME NEEDS TO BE DISMISSED ON AC COUNT OF LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.21 OF 2015 DATED 10.12.2015. 4. THE LEARNED SR. D.R. FILED WORKING OF TAX EFFECT, A CCORDING TO WHICH TAX OFFICER COME TO RS. 9,10,481/- HENCE, HE HAS NO OBJECTION TO TH E FACTS. 5. WE HAVE HEARD AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT PRIMA- FACIE THIS APPEAL OF THE REVENUE IS NOT MAINTAINABL E IN VIEW OF CBDT CIRCULAR NO. 21/2015 IN F.NO.279/MISC. 142/2007-ITJ (PT) DATED 10TH DECEMBE R 2015, VIDE WHICH IT HAS BEEN PROVIDED THAT IF THE TAX EFFECT BY VIRTUE OF THE CO MMISSIONER OF INCOME-TAX (APPEALS)S ORDER IS BELOW RS. 10 LACS, THEN THAT ORDER WOULD NOT BE CHALLENGED BEFORE THE TRIBUNAL IN FURTHER APPEAL. THE BOARD HAS PROVIDED EXEMPTIONS AT CLAUSE (8) OF THE INSTRUCTIONS WHEREIN IT HAS BEEN PROVIDED THAT THESE INSTRUCTIONS WILL NOT BE A PPLICABLE, IF VIRES OF ANY PROVISIONS HAS BEEN QUASHED BY IMPUGNED ORDER OR ADDITION WAS MADE ON SOME AUDIT OBJECTIONS OR THE ADDITION RELATES TO UNDISCLOSED FOREIGN ASSETS/BANK ACCOUNTS, ETC. WE FIND THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEMPTION CLAUSE AND THE TAX IS LESS THAN RS.10 LACS. THEREFORE, THE PRESENT APPEAL IS NOT MAINTAINABLE AND HENCE DI SMISSED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. 7. THE ORDER PRONOUNCED IN THE OPEN COURT ON 23.03.201 7. SD/- SD/- ( ) ! (C.M. GARG) JUDICIAL MEMBER ( . . ) ! (O.P.MEENA) ACCOUNTANT MEMBER 5 / DATED : 29TH MARCH, 2017/OPM