ITO, New Delhi V. Shri Sarabjeet Singh Takkar, Gurgaon

ITA 5363/DEL/2011

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 8256 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 17-03-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 30-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Assessee Lawyers: KAPIL GOYAL
• Keywords: Retrospective amendment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SH. I.C. SUDHIR , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO. 5363 /DEL/ 2011 ASSESSMENT YEAR: 2007 - 08 INCOME TAX OFFICER, WARD - 47(1), ROOM NO. 425, 4 TH FLOOR, MAYUR BHAWAN, NEW DELHI VS. SARABJEET SINGH TAKKAR, D - 370, SUSHANT LOK, PHASE - II, GURGAON, GIR/PAN : ACHPT6996M (APPELLANT) (RESPONDENT) APPELLANT BY SH. ANIMA BARNWAL, SR.DR RESPONDENT BY SH. KAPIL GOYAL, ADV. DATE OF HEARING 17.03.2016 DATE OF PRONOUNCEMENT 08.04.2016 ORDER PER O.P. KANT , A. M. : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS) DATED 12.09.2011 IN RELATION TO ASSESSMENT YEAR 2007 - 08, RAISING THE FOLLOWING GROUNDS OF APPEAL: I) D ELETING THE OF RS. 15,14,500/ - MADE ON ACCOUNT OF CASH DEPOSIT IN BANK ACCOUNT, IRRESPECTIVE OF THE FACT THAT THE ASSESSEE FAILED TO FURNISH SATISFACTORY EVIDENCE IN SUPPORT OF THIS CONTENTIONS, MORE SO IN VIEW OF THE FOLLOWING POINTS: - A. THE EVIDENCE SUBMITTED BY THE ASSESSEE HAS BEEN DENIED BY THE ASSESSEE S COMPANY. B. THE FACTS AND CIRCUMSTANCES OF THE CASH DEPOSITS AND WITHDRAWAL/UTILIZATION DO NOT SUPPORT THE CONTENTION OF THE ASSESSEE. 2 ITA NO. 5363/DEL/2011 AY: 2007 - 08 C. THE SOURCE OF CASH DEPOSIT IS UNEXPLAINED AS DOUBTED P ARTY BY THE COMMISSIONER OF INCOME TAX(APPEALS) HIMSELF. II) THE APPELLANT CRAVES THE RIGHT TO ALTER, AMEND, ADD OR SUBSTITUTE THE GROUNDS OF APPEAL. 2. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE RELEVANT MATERIAL ON RECORD . IT IS NOTICED THAT THE CBDT HAS ISSUED CIRCULAR NO. 21 OF 2015 DATED 10.12.2015 WITH RETROSPECTIVE EFFECT, REVISING THE MONETARY LIMIT TO RS.10,00,000/ - FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. THE LD. SR. DEPARTMENTAL REPRESENTATIVE, ALTHOUGH SUPPORTED THE ORDER OF THE ASSESSING OFFICER, BUT COULD NOT CONTROVERT THE FACT THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN RS.10,00,000/ - . 3. FROM PARA 10 OF THE ABOVE CIRCULAR, IT IS PALPABLE THAT THE INSTRUCTION IS APPLICABLE TO THE PENDING APPEALS ALSO WITH RETROSPECTIVE EFFECT A ND THERE IS A CLEAR - CUT DIRECTION TO THE DEPARTMENT TO WITHDRAW OR NOT PRESS SUCH APPEALS FILED BEFORE THE ITAT, WHEREIN TAX EFFECT IS LESS THAN RS.10,00,000/ - . GOING BY THE PRESCRIPTION OF THE AFORE - NOTED CIRCULAR, WE ARE OF THE VIEW THAT THE REVENUE SHOU LD HAVE EITHER NOT FILED THE INSTANT APPEAL BEFORE THE TRIBUNAL OR WITHDRAWN THE SAME AS THE TAX EFFECT IN THIS APPEAL IS ADMITTEDLY LESS THAN THE PRESCRIBED LIMIT I.E. RS. 10,00,000/ - FOR NOT FILING THE APPEAL. ACCORDINGLY , WE DISMISS THE INSTANT APPEAL W ITHOUT 3 ITA NO. 5363/DEL/2011 AY: 2007 - 08 GOING INTO MERITS OF THE CASE. HOWEVER, THE DEPARTMENT IS AT LIBERTY TO FILE THE MISCELLANEOUS APPLICATION, IF THE TAX EFFECT IS MORE THAN THE PRESCRIBED LIMITED OF RS. 10 LACS OR OTHERWISE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMI SSED. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 8 T H APRIL , 2016 . S D / - S D / - ( I.C. SUDHIR ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 8 T H APRIL , 2016 . RK/ - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI