ITO, Meerut V. Shri Gaurav Bansal, Meerut

ITA 5286/DEL/2014

• Counselvise Citation: 528620114 RSA 2014
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 29-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH ES, NEW DELHI (CIRCUIT BENCH AT MEERUT) BEFORE : SHRI I.C. SUDHIR , JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI , ACCOUNTANT MEMBER ITA NO. 5286/DEL./2014 ASSTT. YEAR : 2009 - 10 INCOME - TAX OFFICER, VS. GAURAV BANSAL, WARD 1(2), MEERUT. H. NO. 74, SHARDA ROAD, SHIV SHANKAR PURI, MEERUT. [PAN: AHXPB5213C] (APPELLANT) (RESPONDENT) APPELLANT BY : SH.SHEODAN SINGH BHADORIA, SR. DR RESPONDENT B Y : SH. RAMIT KAKKAR, ADVOCATE DATE OF HEARING : 15.12.2015 DATE OF PRONOUNCEMENT : 22 .12.2015 ORDER PER PRASHANT MAHARISHI , ACCOUNTANT MEMBER: THIS APPEAL HAS BEEN PREFERRED BY REVENUE AGAINST THE ORDER OF CIT(A), MEERUT DATED 04.07.2014 FOR THE ASSESSMENT YEAR 2009 - 10, CHALLENGING THE DELETION OF ADDITION OF RS.15,84,800/ - MADE BY THE AO U/S. 69A OF THE IT ACT ON ACCOUNT OF UNEXPLAINED CASH DEPOSIT IN BANK. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE PERUSED THE RECORD. DURING THE COURSE OF HEARING, THE LD. AR OF THE ASSESSEE, AT THE OUTSET, CONTENDED THAT THE ITA NO. 5286/DEL./2014 2 TAX EFFECT INVOLVED IN THIS APPEAL WORKS OUT TO RS.5,07,400/ - . THEREFORE, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE FOR THE TAX EFFECT , BEING BELOW THE MONETARY LIMIT OF RS.10 LACS , PRESCRIBED BY CENTRAL BOARD OF DIRECT TAXES VIDE INSTRUCTION NO. 21/2015 DATED 10 TH DECEMBER, 2015. IT WAS ALSO SUBMITTED THAT THIS INSTRUCTION HAS BEEN ISSUED IN SUPERSESSION OF EARLIER INSTRUCTIONS AND IS ALSO APPLICABLE RETROSPECTIVELY TO THE PENDING APPEALS . THE LD. DR HAS NOT BEEN ABLE TO PLACE ANYTHING ON RECORD TO APPLY EXCEPTIONAL CLAUSE OF THE SAID INSTRUCTION. IN VIEW OF THESE FACTS, WE DISMISS THE APPEAL OF THE REVENUE AS NON - MAINTAINABLE, HAVING BEEN FILED IN CONTRAVENTION OF CBDT INSTRUCTION NOTED ABOVE. 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22.12.2015 . - SD/ - - SD/ - ( I.C. SUDHIR ) ( PRASHANT MAHARISHI ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 22.12.2015 *AKS/ - COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT. REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI