DCIT, Chandigarh V. Smt. Saanya Goyal, Chandigarh

ITA 611/CHANDI/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0018 (ITAT-CHANDIGARH)
• Duration Of Justice: 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-04-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-12-2015
• Assessment Year: 2011-2012
• Appeal Filed On: 03-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K MITTAL
• Keywords: Tax effect

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 611/CHD/2015 ASSESSMENT YEAR: 2011-12 THE DCIT, VS. SMT. SAANYA GOYAL, CENTRAL CIRCLE-1, CHANDIGARH CHANDIGARH PAN NO. ANDPG6445P (APPELLANT) (RESPONDENT) APPELLANT BY : SH. S.K. MITTAL RESPONDENT BY : NONE DATE OF HEARING : 19.04.2016 DATE OF PRONOUNCEMENT : 19.04.2016 ORDER PER SANJAY GARG, JM THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF PRINCIPAL CIT (OSD), GURGAON, DATED 27.3.2015 RELATING TO ASS ESSMENT YEAR 2011-12. 2. IN THIS APPEAL, THE REVENUE HAS RAISED THE FOLLO WING GROUNDS:- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN LAW BY ACCEPTING THE CONTENTION OF THE ASSESSEE THAT COMPLETE DETAILS CALLED FOR WERE FURN ISHED DURING ASSESSMENT PROCEEDINGS AND CIT(A) FAILED TO EITHER MAKE NECESSARY FACTUAL ENQUIRY OR CALL FOR REMAND REPORT FROM THE ASSESSING OFFICER TO VERIFY THE VERACITY OF THE CONTENTION OF THE ASSESSEE. 2 2. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) HAS ERRED IN LAW WHILE ALLOWING RELIEF TO TH E ASSESSEE IN THE ABSENCE OF ANY NARRATION GIVEN BY T HE ASSESSEE WITH REGARD TO THE CREDIT ENTRIES FOUND IN THE ASSESSEES BANK STATEMENT. 3. WE HAVE HEARD SH. S.K. MITTAL, LD. DR. HOWEVER, NONE ATTENDED ON BEHALF OF THE ASSESSEE. IT IS OBSERVED THAT IN TH IS CASE THE TAX EFFECT DOES NOT EXCEED THE MONETARY LIMIT OF RS. 10 LAKHS. THUS, IN VIEW OF CIRCULAR NO. 21/2015 DATED 10.12.2015, F.NO. 279/MISC.142/2007-I TJ(PT), GOVERNMENT. OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, CENTRAL BOARD OF DIRECT TAXES, THE INSTANT APPEAL DESERVES TO BE TREATED AS WITHDRAWN / NOT PRESSED. VIDE PARA 10 OF THE ABOVE INSTRUCTIONS, THE CBDT HA S CLARIFIED THAT THIS INSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING A PPEALS AND APPEALS TO BE FILED HENCEFORTH IN ITAT. THE CBDT HAS FURTHER CLARIFIED THAT THE PENDING APPEALS BEFORE THE TRIBUNAL BELOW THE SPECIFIED TAX LIMITS I.E. RS. 10 LAKHS MAY BE WITHDRAWN / NOT PRESSED BY THE REVENUE. IT IS ALSO OBSERVED THAT THE ISSUE INVOLVED IN THIS APPEAL IS NOT COVERED BY PARA 8 (E XCEPTIONS) OF THE ABOVE INSTRUCTIONS. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS TREATED AS WITHDRAWN / NOT PRESSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19.04.2016 SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 19 TH APRIL, 2016 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR