ACIT, Central Circle-13, V. Sh. Rajeev Goyal,

ITSSA 86/DEL/2004

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 2300 (ITAT-DELHI)
• Duration Of Justice: 15 year(s) 8 month(s) 25 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 05-12-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 18-05-2017
• Assessment Year: misc
• Appeal Filed On: 11-03-2004
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAMITA M BISWAS
• Assessee Lawyers: AARIF AKHTAR ADV PER
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

ITA NO.- 86/DEL/2004. RAJEEV GOYAL. PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: E: NEW DELHI) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER IT(SS)A NO:- 86/DEL/2004 ( ASSESSMENT YEAR: 1.4.1990 TO 3.11.2000) ACIT, CENTRAL CIRCLE-13, NEW DELHI. VS. RAJEEV GOYAL, D-17, PANCHSHEEL ENCLAVE, NEW DELHI. PAN NO: - APPELLANT RESPONDENT REVENUE BY : MS. PRAMITA M. BISWAS CIT(DR) ASSESSEE BY : SHRI AJIT KUMAR JHA, ADV. AND SHRI AARIF AKHTAR, ADV. PER ANADEE NATH MISSHRA, AM (A) THIS APPEAL BY REVENUE IS FILED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-I, NEW DELHI, [LD. CIT(A), F OR SHORT], DATED 31.12.2003 FOR ASSESSMENT YEAR 1.4.1990 TO 3.11.2000. GROUNDS TAK EN IN THIS APPEAL OF REVENUE ARE AS UNDER: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED CAS H OF RS. 1,30,500/-. ITA NO.- 86/DEL/2004. RAJEEV GOYAL. PAGE 2 OF 4 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED EXP ENDITURE OF RS. 46,900/-. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED CAS H DEPOSIT OF RS. 14,54,829/-. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED CAS H DEPOSITS OF RS. 5,00,000/-. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED GIF TS RECEIVED OF RS. 13,00,985/-. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) ERRED IN DELETING THE ADDITION ON ACCOUNT OF UNEXPLAINED INV ESTMENT IN HOUSE HOLD GOODS OF RS. 3,40,600/-. (B) AT THE OUTSET, LEARNED COUNSELS FOR THE ASSESSEE BR OUGHT TO OUR NOTICE, AT THE TIME OF HEARING, THAT TAX EFFECT IN THIS APPEAL IS BELOW RS. 50,00,000/-. BOTH SIDES, [REPRESENTATIVES OF REVENUE AND THE ASSESSEE] WERE IN AGREEMENT, AT THE TIME OF HEARING BEFORE US, THAT THE TAX EFFECT IN THE PRESE NT APPEAL IS BELOW RS. 50,00,000/-. VIDE RECENT CBDT CIRCULAR NO. 17/2019 DATED 08.08.2 019 READ WITH EARLIER CBDT CIRCULAR NO. 3 OF 2018, DATED 11.07.2018, MINIMUM THRESHOLD LIMIT OF TAX EFFECT OF FILING OF APPEALS BY REVENUE IN INCOME TAX APPELLATE TRIBU NAL HAS BEEN ENHANCED TO RS. 50,00,000/-. IN A SUBSEQUENT CLARIFICATION ISSUED BY CBDT VIDE F.NO. 279/MISC/M- 93/2018-ITJ, DATED 20/08/2019, IT HAS BEEN CLARIFIE D BY CBDT THAT THE AFORESAID REVISED MONETARY LIMIT IS ALSO APPLICABLE TO ALL PENDING AP PEALS IN ITAT. HAVING REGARD TO THE AFORESAID, THE LD. CIT (DR) FOR REVENUE DID NOT PRE SS THE APPEAL. THE LEARNED COUNSEL FOR THE ASSESSEE ALSO SUBMITTED THAT THE APPEAL WAS NOT MAINTAINABLE IN VIEW OF THE ITA NO.- 86/DEL/2004. RAJEEV GOYAL. PAGE 3 OF 4 AFORESAID CBDT CIRCULAR DATED 08.08.2019 AND 11.07. 2018; AND AFORESAID CLARIFICATION DATED 20.08.2019 ISSUED BY CBDT. THEREFORE, THIS AP PEAL IS DISMISSED BEING NOT PRESSED AND ALSO BEING NOT MAINTAINABLE HAVING REGA RD TO AFORESAID CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 READ WITH AFORESAID CBDT C IRCULAR NO. 3 OF 2018 IN THE LIGHT OF AFORESAID CLARIFICATION DATED 20/08/2019. (C) BEFORE LEAVING, WE CLARIFY THAT REVENUE WILL BE AT LIBERTY TO APPROACH INCOME TAX APPELLATE TRIBUNAL U/S 254(2) OF INCOME TAX ACT, 1961 SEEKING RECALL OF THIS ORDER AND, FOR RESTORATION OF THIS A PPEAL IF IT IS FOUND THAT APPEAL OF REVENUE IS NOT COVERED BY AFORESAID CBDT CIRCULA RS DATED 08.08.2019 AND 11.07.2018. (D) IN THE RESULT, THIS APPEAL BY REVENUE IS DISMISSED. OUR DECISION WAS ORALLY PRONOUNCED IN THE OPEN COURT AFTER CONCLUSION OF HE ARING ON THE DATE OF HEARING. NOW, THIS WRITTEN ORDER IS PRONOUNCED IN OPEN COURT ON 05/12/19. SD/- SD/- (H.S. SIDHU) (ANA DEE NATH MISSHRA) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 05/12/19 POOJA/- COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ITA NO.- 86/DEL/2004. RAJEEV GOYAL. PAGE 4 OF 4 ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER