ITO, New Delhi V. Shakeel Ahmed, Delhi

ITA 994/DEL/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7821 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 02-05-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 26-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KR CHOPRASR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: B NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SH.L.P.SAHU, ACCOUNTANT MEMBER I.T.A .NO.-994/DEL /2016 (ASSESSMENT YEAR-2009- 10) ITO, WARD-57(1), ROOM NO.-5, BLOCK-D, VIKAS BHAWAN, I.P.ESTATE, NEW DELHI-110002. (APPELLANT) VS SHAKEEL AHMED, D-1390, TOP GALI NO.15, CHAUHAN BANGER, DELHI-110053. PAN-AAFPA1668M (RESPONDENT) APPELLANT BY SH.MANOJ KR. CHOPRA,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 29.12.2015 OF CIT(A)-19, NEW DEL HI PERTAINING TO 2009-10 ASSESSMENT YEAR ON THE FOLLOWING GROUNDS: 1. THE ORDER OF THE LD.CIT(A) IS BAD IN LAW AND NOT I N CONSONANCE WITH FACTS OF THE CASE. 2. THE LD.CIT(A) HAS ERRED IN LAW AND ALSO ON FACTS BY DELETING THE PENALTY U/S 271(1)(C) LEVIED AT RS.1,09,130/- ON ADDITION O F UNEXPLAINED CASH DEPOSIT. 3. THE RELIEF GIVEN BY THE LD.CIT(A ON QUANTUM ISSUE ( VIDE ORDER NO.215/14-15 DATED 29.12.2015) HAS BEEN APPEALED AG AIST (APPEAL IN ITAT FILED ON 17.02.2016). THE PRESENT ISSUE OF P ENALTY, UNDER CONSIDERATION, IS REQUIRED TO BE AGITATED AND TO BE CLUBBED WITH THE ABOVE MENTIONED APPEAL. 4. THE APPELLANT CRAVES LEAVE TO ADD, ALLOW OR AMEND A NY OR ALL THE GROUND OF APPEAL BEFORE OR DURING THE COURSE OF HEARING OF THE APPEAL. 2. THE QUASHING OF PENALTY U/S 271(1)(C) LEVIED AT RS.1,09,130/- IS CHALLENGED BY THE REVENUE. NO ONE WAS PRESENT AT THE TIME HEA RING ON BEHALF OF THE ASSESSEE. CONSIDERING THE AMOUNT AT STAKE FOR THE R EVENUE, LD. SR. DR WAS DATE OF HEARING 02.05.2016 DATE OF PRONOUNCEMENT 05.05.2016 I.T.A .NO.-994/DEL/2016 PAGE 2 OF 2 REQUIRED TO ADDRESS CIRCULAR NO.21/2015 DATED 10TH DECEMBER, 2015 OF CBDT. CONSIDERING THE SAME IN THE FACTS ON RECORD, THE LD . SR. DR FAIRLY CONCEDED THAT THE DEPARTMENTAL APPEAL HAS BEEN FILED WHEREIN THE TAX EFFECT INVOLVED IS MUCH LESS THAN RS.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 APPELLATE TRIBUNAL . PARA 3 OF THE AFORESAID CIRCULAR HAS BEEN MADE APPLICABLE VIDE PARA 10 RETR OSPECTIVELY. CONSIDERING THE SETTLED LEGAL PRECEDENT THAT THE BOARDS INSTRUCTIO NS OR DIRECTIONS ISSUED TO THE INCOME TAX AUTHORITIES U/S 268A OF THE INCOME TAX A CT, 1961 ARE BINDING ON THE AUTHORITIES, WE DISMISS THE DEPARTMENTAL APPEAL CON SIDERING 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 05 MAY, 2016. SD/- SD/- (L.P.SAHU) (DIVA SING H) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:05/05/2016 *AMIT KUMAR* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSI STANT REGISTRAR ITAT NEW DELHI