ACIT, Varanasi V. Smt. Radhika Yadava, Varanasi

ITA 75/ALLD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 63349 (ITAT-ALLAHABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Next Hearing Date: 05-11-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 21-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANDEEP CHAUHAN
• Assessee Lawyers: ARVIND SHUKLA; O P SHUKLA
• Keywords: Unexplained investment; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NOS.74 & 75/ALLD/2011 ASSESSMENT YEARS: 2004-05 & 2005-06 RESPECTIVELY ASSTT. COMMISSIONER OF INCOME TAX, VS. SMT. RADHIKA YADAV, CIRCLE-3, VARANASI. S-25/265-K, VRINDAVAN COLON Y, SARSAULI, VARANASI. (PAN : ABPPY 9398 H). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANDEEP CHAUHAN, CIT D.R. RESPONDENT BY : SHRI ARVIND SHUKLA & SHRI O.P. SHUKLA, ADVOCATES DATE OF HEARING : 05.11.2012 DATE OF PRONOUNCEMENT : 05.11.2012 ORDER PER A.L. GEHLOT, ACCOUNTANT MEMBER: THESE ARE APPEALS FILED BY THE REVENUE AGAINST THE COMMON ORDER DATED 15.02.2011 PASSED BY THE LD. CIT(A), VARANASI FOR T HE ASSESSMENT YEAR 2004-05 & 2005-06 RESPECTIVELY. 2. THE QUANTUM CHALLENGED IN THE GROUNDS OF APPEAL OF THE REVENUE IN ITA NO.74/ALLD/2011 IS RS.6,63,100/- ON ACCOUNT OF UNEX PLAINED INVESTMENTS IN PURCHASE OF LAND AND RS.61,080/- DISALLOWED ON ACCO UNT OF INTEREST ON UNSECURED ITA NOS.74 & 75/ALLD/2011 A.YS. 2004-05 & 2005-06 2 LOANS. THE TOTAL DISPUTED INCOME IS RS.7,24,180/- ON WHICH TAX CALCULATION IS BELOW RS.3,00,000/-. SIMILARLY, THE QUANTUM CHALLE NGED IN THE GROUNDS OF APPEAL OF THE REVENUE IN ITA NO.75/ALLD/2011 IS RS.6,00,00 0/- ON ACCOUNT OF UNEXPLAINED INVESTMENTS IN MIS SCHEME AND RS.68,409 /- DISALLOWED ON ACCOUNT OF INTEREST ON UNSECURED LOANS. THE TOTAL DISPUTED IN COME IS RS.6,68,409/- ON WHICH TAX CALCULATION IS BELOW RS.3,00,000/-. 3. WE NOTE THAT SINCE THE TAX EFFECT IN THESE APPEA LS FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A) ARE LESS THAN RS.3, 00,000/- EACH, THE SAME IS IN CONTRAVENTION OF C.B.D.T. CIRCULAR/INSTRUCTION NO.3 /2011 DATED 09.02.2011 WHICH FINDS STATUTORY FORCE UNDER THE PROVISIONS OF SECTI ON 268A OF THE INCOME-TAX ACT, 1961. THE SAME ARE, THEREFORE, NOT MAINTAINABLE. THE CLAUSE NO.3 OF THE SAID C.B.D.T. INSTRUCTION HAS MADE IT CLEAR THAT APPEAL BEFORE THE TRIBUNAL BY THE REVENUE WILL HENCEFORTH BE FILED WHERE TAX EFFECT E XCEEDS RS.3,00,000/-. THEREFORE, IN THE CIRCUMSTANCES AND FACTS OF THE CA SE, THE APPEALS FILED BY THE REVENUE ARE NOT MAINTAINABLE AND THE SAME ARE DISMI SSED AS NOT MAINTAINABLE. 4. IN THE RESULT, APPEALS FILED BY THE REVENUE ARE DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 05.11.2012) SD/- SD/- (BHAVNESH SAINI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER ITA NOS.74 & 75/ALLD/2011 A.YS. 2004-05 & 2005-06 3 PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, ALLAHABAD BENCH, ALLAHABAD 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE T RIBUNAL, ALLAHABAD TRUE COPY