ITO, New Delhi V. Sh. Anil Chopra, Delhi

ITA 6474/DEL/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6724 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-07-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 05-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA BARNWAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.L.P.SAHU, ACCOUNTANT MEMBER I.T.A .NO.-647 4/DEL/2013 (ASSESSMENT YEAR- 2008-09) ITO, WARD-21(3), NEW DELHI. (APPELLANT) VS ANIL CHOPRA, A-74, H-3 BLOCK,1 ST FLOOR, HARI ENCLAVE, SULTANPURI, DELHI-110041. PAN-AFAPC9699G (RESPONDENT) APPELLANT BY MS. ANIMA BARNWAL, SR.DR RESPONDENT BY NONE ORDER PER DIVA SINGH, JUDICIAL MEMBER THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE AS SAILING THE CORRECTNESS OF THE ORDER DATED 16.09.2013 OF CIT(A)-XVI, NEW DE LHI PERTAINING TO 2008-09 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS: 1. THE LD.CIT(A) HAS ERRED IN REDUCTION THE ADDITION OF RS.26,29,109/- TO RS.5,92,000/- BY ACCEPTING THE CONTENTION OF THE ASSESSEE WITHOUT ANY CREDIBLE EVIDENCE THAT RS.26,29,109/- DEPOSITED IN UNDISCLOSED BANK ACCOUNT BY CASH IN SALE PROCEEDS AND THEREBY M AKING ADDITION OF PEAK DEPOSIT OF RS.1,64,500/- AND G.P. OF RS.4,27,5 00/- ON THE SALE OF RS.26,29,109/-. 2. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER ALL OR ANY OF THE AFORESAID GROUNDS OF APPEAL AND AMEND, ALTER OR ADD ANY OTHER GROUND OF APPEAL. 2. NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. R EFERRING TO THE GROUND, THE LD.SR.DR SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MUCH BELOW THE LIMIT OF RS.10 LAKH. WE HAVE CONSIDERING THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE APPEAL HAS BEEN PREFERRED BY THE REVENUE IN VIOLATION OF CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CB DT. BY THE AFORESAID DATE OF HEARING 28.07.2016 DATE OF PRONOUNCEMENT 29.07.2016 I.T.A .NO.-6474/DEL/2013 PAGE 2 OF 2 CIRCULAR THE PECUNIARY LIMIT FOR FILING THE APPEAL BEFORE THE ITAT HAS BEEN PRESCRIBED BEYOND RS.10 LAKH. PARA 3 OF THE AFORES AID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETROSPECTIVELY. CONSIDERI NG THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIONS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX ACT, 1961 ARE BINDING ON THE AUTHORITIES, WE HOLD THAT THE APPEAL IS NON-MAINTAINABLE. 3. IN VIEW OF THE ABOVE DISCUSSION, THE PRESENT APP EAL PREFERRED BY THE REVENUE IN VIOLATION OF CBDT CIRCULAR NO.21/2015 (CITED SUP RA) IS NOT MAINTAINABLE AND HENCE, THE SAME IS DISMISSED AS SUCH MAKING IT CLEA R THAT SINCE THE PRESENT APPEAL HAS NOT BEEN DISPOSED OF ON MERITS, BUT DUE TO THE ABOVE REASON, THIS ORDER WILL NOT HAVE ANY JUDICIAL PRECEDENCE. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS NON-MAINTAINABLE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 29 TH JULY 2016. SD/- SD/- (L.P.SAHU) (DIVA SING H) ACCOUNTANT MEMBER JUDICIAL MEMBER *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI