ITO, New Delhi V. Sh. Pradeep Kumar Gupta, New Delhi

ITA 6431/DEL/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6303 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 04-12-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P D KANUNJNA
• Keywords: Additional evidence; Tax effect
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.O.P.KANT, ACCOUNTANT MEMBER I.T.A .NO.-6431/DE L/2015 (ASSESSMENT YEAR-2008- 09) ITO, WARD-49(4), ROOM NO.-1407, 14 TH FLOOR, BLOCK-E-2, SHYAMA PRASAD MUKHERJEE CIVIC CENTRE, NEW DELHI (APPELLANT) VS PRADEEP KUMAR GUPTA, WZ-111, STREET NO.8, LAJWANTI GARDEN, NEW DELHI. PAN-AFNPG0020N (RESPONDENT) APPELLANT BY SH.P.D.KANUNJNA, SR. DR RESPONDENT BY NONE ORDER PER DIVA SINGH, JM THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 23.09.2015 OF CIT(A) -17, NEW DELHI PERTAINING TO 200809 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS: (I) THE LD. CIT(A) HAS ERRED IN DELETING THE ADDITION OF RS.20,31,756/- MADE BY AO U/S 69 OF THE IT ACT, 1961 ON ACCOUNT OF PAYMENT THROUGH CREDIT CARD WITHOUT APPRECIATING THE FACT T HAT THERE IS NO EVIDENCE THAT THE CREDIT CARD PAYMENTS WERE USED FO R BUSINESS PURPOSE ONLY. (II) THE LD.CIT(A) HAS ERRED IN ADMITTING THE ADDITIONAL EVIDENCE UNDER RULE 46A AS CONDITION LAID DOWN AS PER SAID RULE AR E NOT FULFILLED BECAUSE- (A) A SERIES OF SUFFICIENT OPPORTUNITIES WERE GIVEN TO THE ASSESSEE TO PRODUCE EVIDENCE. (B) THERE IS NO SUFFICIENT CAUSE ESTABLISHED ON THE REC ORD FOR NON- SUBMISSION OF INFORMATION BEFORE AO. DATE OF HEARING 10.03.2016 DATE OF PRONOUNCEMENT 22 .03.2016 I.T.A .NO.-6431/DEL/2015 PAGE 2 OF 2 (C) THERE IS NO RECORDING OF REASONS IN THE ORDER OF CI T(A) FOR ADMISSION OF ADDITIONAL EVIDENCE. (III) THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEND ANY/ALL OF THE GROUNDS OF APPEAL BEFORE OR DURING THE COURSE OF TH E HEARING OF THE APPEAL. 2. NO ONE WAS PRESENT AT THE TIME OF HEARING ON BEH ALF OF THE ASSESSEE. THE LD. SR. DR, MR.P.D.KANUNJNA WAS REQUIRED TO ADDRESS THE MAINTAINABILITY OF THE DEPARTMENTAL APPEAL IN VIEW OF THE LATEST CIRCU LAR NO.21/2015 DATED 10 TH DECEMBER, 2015 OF CBDT. CONSIDERING THE SAME IN T HE FACTS ON RECORD, THE LD. SR. DR FAIRLY CONCEDED THAT THE DEPARTMENTA L APPEAL HAS BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN R S.10 LAKH. 3. WE HAVE HEARD THE SUBMISSIONS OF THE PARTIES ON THIS ISSUE AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT THE CBDT VIDE THE AFORESAID CIRCULAR DATED 10.12.2015 HAS REVISED THE MONETARY LIMIT TO RS.10 LAKH FOR FILING THE APPEAL BY THE DEPARTMENT BEFORE INCOME TAX APPELLAT E TRIBUNAL. PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PA RA 10 RETROSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BO ARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMIS S THE DEPARTMENTAL APPEAL CONSIDERING THE MATERIAL AVAILABLE ON RECORD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 22 ND MARCH, 2016. SD/- SD/- (O.P.KANT) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:22/03/2016 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI