ACIT CC-45, MUMBAI V. DEEPAK M. GUPTA, MUMBAI

ITA 9218/MUM/2010

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4502 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-01-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Next Hearing Date: 27-10-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 31-12-2010
• Court: TRIBUNAL
• Department Lawyers: AJIT SRIVSTAVA
• Keywords: Tax effect

Judgement Text

IN THE INCO ME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER I.T.A. NO. 9218/M/2010 (ASSESSMENT YEAR: 2005 - 2006 ) I.T.A. NO.9219/M/2010 (ASSESSMENT YEAR: 2006 - 2007 ) DCIT, CC - 45, ROOM NO.659, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 20. / VS. SHRI DEEPAK MAHAVIR GUPTA, 203, GIRIRAJ, IRON MARKET, S.T. ROAD, MUMBAI - 400009. ./ PAN : ADKPG6798G ( / APPELLANT) .. ( / RESPONDENT ) C.O. NO.189/M/2012 (ARISING OUT OF I.T.A. NO.9218/M/2010 (ASSESSMENT YEAR: 2005 - 2006 ) SHRI DEEPAK MAHAVIR GUPTA, 203, GIRIRAJ, IRON MARKET, S.T. ROAD, MUMBAI - 400009. / VS. DCIT, CC - 45, ROOM NO.659, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 20. ./ PAN : ADKPG6798G ( / APPELLANT) .. ( / RESPONDENT ) / ASSESSEE BY : SHRI VIJAY MEHTA / R EVENUE BY : SHRI AJIT SRIVSTAVA, CIT - DR / DATE OF HEARING : 04.01.2016 / DATE OF PRONOUNCEMENT : 04.01.2016 / O R D E R PER BENCH : TH E CAPTIONED TWO APPEALS ARE FILED BY THE REVENUE FOR THE AYS 2005 - 06 AND 2006 - 07 AND THE CROSS OBJECTION NO.189/M/2012 IS FILED BY THE ASSESSEE FOR THE AY 2005 - 06. SINCE, THE ISSUES RAISED IN ALL THESE APPEALS ARE INTER - CONNECTED AND IDENTICAL, THEREFORE, FOR THE SAKE OF CONVENIENCE, THEY ARE CLUBBED, HEARD TOGETHER AND DISPOSED OF IN THIS CONSOLIDATED ORDER. APPEAL WISE ADJUDICATION IS GIVEN IN THE FOLLOWING PARAGRAPHS OF THIS ORDER. 2 2. SINCE, THE REVENUE RAISED IDENTICAL ISSUE IN BOTH THE AYS 2005 - 06 AND 2006 - 07, THEREFORE, FOR THE SAKE OF REFERENCE, THE SOLITARY GROUND RAISED IN TH E APPEAL FOR THE AY 2005 - 06 IS TAKEN FOR ADJUDICATION AND THE SAME READS AS UNDER: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE CIT (A) WAS NOT JUSTIFIED IN DELETING THE ADDITION MADE BY THE AO BY ESTIMATING THE HOUSEHOLD EXPENSES OF THE ASSESSEE AT RS. 6 LAKHS WITHOUT APPRECIATING THAT THE ASSESSEE HAD NOT FURNISHED DETAILS OF HIS HOUSEHOLD EXPENSES AND CONTRIBUTION, IF ANY, BY OTHER FAMILY MEMBERS FOR SCRUTINY PARTICULARLY WHEN THE PERSONAL WITHDRAWALS SHOWN BY THE ASSESSEE WERE VERY MEAGRE. 3 . AT THE OUTSET, LD COUNSEL FOR THE ASSESSEE BROUGHT OUR ATTENTION TO THE ABOVE GROUND RAISED BY THE REVENUE AND MENTIONED THAT THE TAX EFFECT IN THIS APPEAL IS BELOW RS. 10 LAKHS AND THEREFORE, THE APPEAL OF THE REVENUE IS NOT MAINTAINABLE. IN SUPPORT OF HIS ARGUMENT, HE BROUGHT OUR ATTENTION TO THE RECENTLY ISSUED CBDT CIRCULAR NO.21/2015, DATED 10.12.2015 AND SUBMITTED THAT THE APPEALS FILED BY THE REVENUE WITH A TAX EFFECT OF RS. 10 LAKHS AND BELOW ARE TO BE EITHER DISMISSED BY THE TRIBUNAL AS NOT MAINTAINABLE OR NOT PRESSED BY THE REVENUE. REFERRING TO THE ABOVE MENTIONED BOARD CIRCULAR NO.21/2015, LD C OUNSEL FOR THE ASSESSEE BROUGHT OUR ATTENTION TO PARA 10 AND SUBMITTED THAT THE SAID MONETARY LIMITATION OF RS. 10 LAKHS APPLIES TO ALL THE APPEALS FILED BY THE REVENUE RETROSPECTIVELY. CONSIDERING THE SIGNIFICANCE OF THE SAID PARA 10 OF THE CBDT CIRCULAR (SUPRA) IS EXTRACTED AS UNDER: - 10. THIS I NSTRUCTION WILL APPLY RETROSPECTIVELY TO PENDING APPEALS AND APPEALS TO BE FILED HENCEFORTH IN HIGH COURTS / TRIBUNALS. PENDING APPEALS BELOW THE SPECIFIED TAX LIMITS IN PARA 3 ABOVE MAY BE WITHDRAWN / NOT PRESS ED. APPEALS BEFORE THE SUPREME COURT WILL BE GOVERNED BY THE INSTRUCTIONS ON THIS SUBJECT OPERATIVE AT THE TIME WHEN SUCH APPEAL WAS FILED. 4 . CONSIDERING THE ABOVE, THE APPEAL FILED BY THE REVENUE, WHEREIN THE TAX EFFECT IS BELOW THE ABOVE STATED TAX LI MIT OF RS. 10 LAKHS, IS DISMISSED AS NOT MAINTAINABLE. 5 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ITA NO.9219/M/2010 (AY 2006 - 07) (BY REVENUE) 6 . THIS APPEAL FILED BY THE REVENUE ON 31.12.2010 AGAINST THE ORDER OF THE CIT (A) - 36, MUMBAI DATED 15 .10.2010 FOR THE AY 2006 - 2007. IN THIS APPEAL, REVENUE RAISED THE IDENTICAL ISSUE IE THE CIT (A)S DECISION IN DELETING THE ADDITION OF RS. 6 3 LAKHS MADE ON ACCOUNT OF HOUSEHOLD EXPENSES, WHICH IS RAISED IN THE AY 2005 - 06. WHILE ADJUDICATING THE REVENUE S APPEAL FOR THE AY 2005 - 06 IN THE ABOVE PARAGRAPHS OF THIS ORDER, WE DECIDED THAT THE SAID APPEAL IS NOT MAINTAINABLE CONSIDERING THE FACT THAT THE TAX EFFECT INVOLVED IN THAT APPEAL IS BELOW THE PRESCRIBED MONETARY LIMIT OF RS. 10 LAKHS. THEREFORE, CON SIDERING COMMONALITY OF THE ISSUE INVOLVED IN THE APPEAL FOR THE AY 2005 - 06 AND IN THE INSTANT APPEAL, OUR DECISION GIVEN THEREIN SQUARELY APPLIES TO THE PRESENT APPEAL TOO. THUS, THE APPEAL FILED BY THE REVENUE IS DISMISSED AS NOT MAINTAINABLE. 7 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED . C.O. NO.189/M/2012 (BY ASSESSEE) (ARISING OUT OF I.T.A. NO.9218/M/2010) (ASSESSMENT YEAR: 2005 - 2006 ) 8 . THIS CROSS OBJECTION FILED BY THE ASSESSEE 13.8.2012 AND IT AROSE FROM THE APPEAL ITA NO.9218/M/2 010 FOR THE AY 2005 - 06. WHILE ADJUDICATING THE REVENUES APPEAL FOR THE AY 2005 - 06, WE HAVE DISMISSED THE SAME ON THE REASON OF LOW TAX EFFECT . THEREFORE, CONSIDERING OUR DECISION GIVEN ON THE LEAD APPEAL OF THE REVENUE, THE CROSS OBJECTION RAISED BY T HE ASSESSEE DEMANDS NO SPECIFIC ADJUDICATION. CONSIDERING THE SAME, THE CROSS OBJECTION RAISED BY THE ASSESSEE IS DISMISSED AS ACADEMIC. 9 . IN THE RESULT, CROSS OBJECTION RAISED BY THE ASSESSEE IS DISMISSED . 10 . CONCLUSIVELY, TWO REVENUES APPEALS AS WELL AS THE CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH JANUARY, 2016. S D / - S D / - ( SANDEEP GOSAIN ) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; 4.1.2016 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 4 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI