INCOME TAX OFFICER, WARD-2(2), ALWAR V. SMT. RAINA JALAN, GURGAON, HARYANA

MA 07/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4786 (ITAT-JAIPUR)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 04-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A S NEHRA ACIT DHK
• Keywords: Unexplained cash credit; Tax effect

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S,B JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,O A JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM M A NO. 07/JP/2019 (ARISING OUT OF ITA NO. 298/JP/2018) FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2008-09 THE ITO, WARD-2(2), ALWAR. CUKE VS. SMT. RAINA JALAN, 318-A, DLF, PHASE-4, HAMILTON COURT, GURGAON, HARYANA. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. ABPPJ 4772 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI NONE JKTLO DH VKSJ LS@ REVENUE BY : SHRI A.S. NEHRA (ACIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 24/05/2019 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 24/05/2019. VKNS'K@ ORDER PER VIJAY PAL RAO, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION THE REVENU E IS SEEKING RECALLING OF THE ORDER DATED 28.08.2018 OF THIS TRI BUNAL WHEREBY THE APPEAL OF THE REVENUE WAS DISMISSED DUE TO LOW TAX EFFECT NOT EXCEEDING RS. 20,00,000/-. 2. WE HAVE HEARD THE LD. DR AND CAREFULLY PERUSED T HE RECORD. SINCE, NONE HAS APPEARED ON BEHALF OF THE ASSESSEE-RESPONDENT, THEREFORE WE DO NOT HAVE PRIVILEGED TO CONSIDER THE STAND OF THE ASSESSEE. I N THE MISCELLANEOUS APPLICATION THE REVENUE HAS STATED THAT THE CASE OF THE REVENUE FALLS IN THE 2 MA NO. 07/JP/2019 ITO VS. SMT. RAINA JALAN EXCEPTION PROVIDED IN PARA 10(E) OF THE CIRCULAR NO . 3/2018. WE FIND THAT IN THE REASSESSMENT PROCEEDING THE AO HAS MADE THE ADD ITION OF RS. 1,03,290/- ON ACCOUNT OF UNEXPLAINED CASH CREDIT ENTRIES IN TH E BANK ACCOUNT. THE SAID ADDITION WAS CHALLENGED BY THE ASSESSEE BEFORE THE LD. CIT(A) AND THE LD. CIT(A) QUASHED THE REOPENING OF THE ASSESSMENT. THU S THERE IS NO DISPUTE THAT THE TAX EFFECT IN THE REVENUES APPEAL BEFORE THE TRIBUNAL WAS ONLY EVEN LESS THAN RS. 40,000/-. SINCE, THE ADDITION WHICH W AS THE SUBJECT MATTER OF THE APPEAL WAS ONLY ON ACCOUNT OF DEPOSIT IN THE BA NK ACCOUNT, THEREFORE, THE CASE OF THE REVENUE DOES NOT FALLS IN THE EXCEPTION PROVIDED IN PARA 10(E) OF THE CIRCULAR NO. 3/2018 WHICH READS AS UNDER:- WHERE ADDITION IS BASED ON FORMATION RECEIVED FR OM EXTERNAL SOURCES IN THE NATURE OF LAW ENFORCEMENT AGENCIES SUCH AS CBI/ED/DRI/SFIO/DIRECTORATE GENERAL OF GST INTELLIG ENCE (DGFI). THE ASSESSING OFFICER HAS MADE THE ADDITION ONLY ON THE BASIS OF THE BANK DETAILS OF THE ASSESSEE WHICH WAS SUBJECT MATTER OF THE APPEAL IS NOT BASED ON INFORMATION RECEIVED FROM LAW ENFORCEMENT AGENCI ES AS GIVEN IN PARA 10(E) OF THE CIRCULAR NO. 3/2018. THEREFORE, IT IS APPARE NT THAT THE CASE OF THE REVENUE DOES NOT FALLS IN THE EXCEPTION PROVIDED IN PARA 10(E) OF THE CIRCULAR NO. 3/2018. 3 MA NO. 07/JP/2019 ITO VS. SMT. RAINA JALAN IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24/05/2019. SD/- SD/- FOE FLAG ;KNO FOT; IKY JKO (VIKRAM SINGH YADAV) ( VIJAY PAL RAO ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 24/05/2019. SANTOSH/ VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- ITO, WARD-2(2), ALWAR. 2. IZR;FKHZ@ THE RESPONDENT- SMT. RAINA JALAN, GURGAON, HARYANA. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE {MA NO. 07/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR