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Income Tax Appellate Tribunal, DELHI BENCH “C” New Delhi
Before: SHRI N.K. BILLAIYA & MS. SUCHITRA KAMBLE
PER N.K. BILLAIYA, A.M. 1. This appeal filed by the Revenue against the impugned order dated 30.06.2016 passed by the Ld. CIT(Appeals)-24, New Delhi in relation to assessment year 2013-14 on the following grounds: 1. “The order of Ld. CIT(A) is not correct in law and facts. 2. On the facts and circumstances of the case, the CIT(A) has erred in deleting the addition of Rs. 92,07,084/- made by the AO on account of unexplained jewellery found and seized during search.
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On the facts and circumstances of the case, the CIT(A) has erred in relying on the wealth-tax returns of 1989-90, having no details of jewellery for explaining the jewellery found and seized in FY 2012-13. 4. On the facts and circumstances of the case, the CIT(A) has erred in holding that circular no. 1916 dated 11.05.1994 is liable for explaining the source of jewellery also, apart from being applicable to seizure of jewellery. 5. The appellant craves leave to add, amend any/all the ground of appeal before or during the course of hearing of the appeal.”
We have heard the learned CIT (D.R.), who has pointed out the tax
effect involved in this appeal, is below monetary limit prescribed by the CBDT. We find that the CBDT vide Circular No.17/2019 dated 8th August
2019 [F.No.279/ Misc.142/ 2007-ITJ (Pt)] by amending para 3 of CBDT
Circular No.3/2018 dated 11.07.2018 has enhanced the monetary limit
for filing of appeal before Tribunal to Rs.50 lakhs and has also removed
the anomaly in para 5 of said Circular No. 3/2018. We find that the
present case does not fall within the exceptions clause 10 of said CBDT
Circular No. 3/2018. Therefore, the present appeal is not maintainable as
per above Circular No. 17/2019, hence dismissed. This Circular is
applicable to all pending appeals as clarified by CBDT letter dated
20.08.2019 [F. No. 279/Misc./M-93/2018-ITJ] and in the light of
judgment of Hon`ble Supreme Court in the case of Pr. CIT, Jaipur v.
Meenakshi Modi SLP (Civil) Diary No. 25076 of 2019-dated 16.08.2019
wherein the Hon`ble Supreme Court has dismissed the appeal of
ACIT vs. Harman Singh Dhingra/ I.T.A.No.4670/Del/2016/A.Y.2013-14 Page 3 of 4
Revenue, as tax involved was less than Rs. 2 Crores. However, the
Revenue is at liberty to approach to this Tribunal for recalling this order,
if it is comes to the notice of the AO that the tax effect is more than the
monetary limit provided under above Circular or the appeals is fall within
ambit of the exceptions provided under the said Circular.
In the result, the appeal of the Revenue is stands dismissed.
The order pronounced in the open court on 25.11.2019
Sd/- Sd/- (SUCHITRA KAMBLE) (N.K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 25TH November, 2019 *Kavita Arora, Sr. PS
Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT.
By order
Assistant Registrar, ITAT: Delhi Benches-Delhi
Date of dictation 25.11.2019 Date on which the typed draft is placed before the dictating 25.11.2019 Member Date on which the typed draft is placed before the Other Member 25.11.2019 Date on which the approved draft comes to the Sr. PS/PS 25.11.2019 Date on which the fair order is placed before the Dictating Member 25.11.2019 for pronouncement Date on which the fair order comes back to the Sr. PS/PS 25.11.2019 Date on which the final order is uploaded on the website of ITAT 25.11.2019 Date on which the file goes to the Bench Clerk 25.11.2019 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
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