ACIT, NEW DELHI vs. SHRI RAVINDER ZUTSHI, NEW DELHI

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ITA 3980/DEL/2016Status: DisposedITAT Delhi29 April 2019AY 2012-134 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal was not maintainable as the tax effect of the addition was less than Rs. 20,00,000/-, which is the monetary limit for filing appeals before the Tribunal as per CBDT Circular No. 3/2018. The appeal was dismissed on this procedural ground.

What were the facts?

The Revenue appealed against the deletion of an addition made by the Assessing Officer (AO) regarding the full value of consideration for a property. The AO had determined the consideration at Rs. 1,80,00,000/- against the declared Rs. 81,05,600/-.

What were the issues?

The primary issue was the maintainability of the Revenue's appeal before the Tribunal based on the monetary limit prescribed by CBDT circulars.

Which sections of the Income-tax Act were involved?

Section 54

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI

Before: SHRI AMIT SHUKLA & SHRI L.P. SAHU

For Appellant: Shri A.K. Batra, FCA
For Respondent: Shri Surender Pal, Sr. DR, Shri A.K. Batra, FCA
Hearing: 28/02/2019

This is an appeal filed by the Revenue is directed against the order of Ld. Commissioner of Income Tax (APPEALS) 21, New Delhi dated 02.04.2016 pertaining to the assessment year 2012-13.

2.

During the course of hearing, the Ld. DR supported the order of the AO and submitted that the full value of consideration determined by the AO at Rs.1,80,00,000/- as against Rs.81,05,600/- declared by assessee, is based on cogent material on record and it needs no interference. It was submitted that, therefore, the addition of difference amount of Rs.98,94,400/- has wrongly been deleted by the ld CIT(A). He, therefore, urged for restoration of assessment order.

3.

On the other hand, the ld. AR of the assessee relied on the order of the ld. CIT(A).

4.

We have heard both the parties and have gone through the entire material on record. A perusal of assessment order reveals that the ld. Assessing Officer while computing the long term capital gain has taken into account the full value of consideration at Rs.1,80,00,000/-, indexed cost of acquisition at Rs.24,98,864/- resulting into long-term capital gain of Rs.1,55,01,136/-. The AO has also given exemption of Rs.68,38,388/- u/s. 54 of the Act and has worked out the taxable long term capital gain at Rs.86,62,748/- and accordingly has made net addition of this amount. We, however, find that the tax effect on this addition does not exceed Rs.20,00,000/-. Therefore, in our opinion, the present appeal of the Revenue is not maintainable in view of recent Circular of CBDT No. 3/2018 dated 11th July, 2018, whereby the monetary limit of tax effect for not filing appeals before the Tribunal has been revised to Rs. 20,00,000/-. It is not the case of the Revenue that the present appeal comes within the sweep of exclusion clauses as given in para No. 10 & 11 of the said Circular. Thus, going by the prescription of the afore-noted CBDT instructions, and without going into merits of the case, we dismiss the instant appeal filed by the Revenue, being not maintainable, as the tax effect involved in this appeal is less than Rs. 20.00 lacs.

5.

In the result, the appeal of the Revenue stands dismissed as indicated above.

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