DCIT, New Delhi V. Sh. Aditya Khanna, New Delhi

ITA 6115/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6802 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 3
• Next Hearing Date: 30-06-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 10-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJNA
• Assessee Lawyers: B N GOSWAMY
• Keywords: Unexplained investment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 3 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 6115 /DEL/201 4 AY: 200 5 - 06 DCIT VS. SH. ADITYA KHANNA CENTRAL CIRCLE 5 R/O B - 35, GREATER KAILASH 1 NEW DELHI NEW DELHI PAN: AORPK 0703 M (APPELLANT) (RESPONDENT) APPELLANT BY : SH.P.DAMKANUNJNA, SR.D.R. RESPONDENT BY : SH. BN GOSWAMY, ADV. O R D E R TH IS IS AN APPEAL FILED BY THE REVENUE . ADMITTEDLY THE TAX EFFECT IN THE PRESENT APPEAL IS LESS THAN RS.10 LAKHS. 1.1. IN TERMS OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F. NO. 279/MISC./142/2007 - ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, THIS APPEAL BY THE REVEN UE SHOULD HAVE BEEN WITHDRAWN OR SHOULD NOT HAVE BEEN PRESSED BY THE REVENUE. 2. EVEN OTHERWISE THE SOLE ISSUE RAISED IN THIS APPEAL I.E. DELETION OF AN ADDITION MADE BY THE ASSESSING OFFICER (A.O.) ON ACCOUNT OF UNEXPLAINED INVESTMENT IS COVERED BY THE ORDER OF THE F BENCH OF THE ITAT IN THE ASSESSEE S OWN CASE IN ITA 1915 - 1916 - 1917/D EL/10 AND OTHER CASES VIDE ORDER DT. 15 TH JULY, 2014. 3 . IN THE RESULT REVENUE S A PPEAL IS DISMISSED ON BOTH THE GROUNDS. ORDER PRONOUNCED IN THE OPEN COURT ON 26TH JULY, 2016 . SD/ - (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 26 TH JULY, 2016 M ANGA 2 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR