ITO, NEW DELHI vs. SHRI GOLDEY NARULA, NEW DELHI

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ITA 2791/DEL/2016Status: DisposedITAT Delhi08 January 2019AY 2010-114 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 dismissed the Revenue's appeal because the tax effect was less than Rs. 20 lakhs, which is the revised monetary limit for filing appeals as per CBDT Circular No. 3/2018.

What were the facts?

The Assessing Officer made an addition of Rs. 98.91 lakhs for unexplained cash deposits. The CIT(A) granted relief of Rs. 37.16 lakhs, sustaining an addition of Rs. 61.75 lakhs.

What were the issues?

Whether the Revenue's appeal should be dismissed based on the revised monetary limit for appeals stipulated by CBDT Circular No. 3/2018.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘B’ BENCH,

Before: SHRI N.K. BILLAIYA, & MS. SUCHITRA KAMBLEShri Goldey Narula

Hearing: 08.01.2019Pronounced: 08.01.2019

PER N.K. BILLAIYA, ACCOUNTANT MEMBER,

1.

This appeal by the Revenue is preferred against the order of the CIT(A)- 32, New Delhi dated 29.03.2016 pertaining to A.Y 2010-11.

2.

The solitary grievance raised by the Revenue is that the CIT(A) erred in accepting the source of cash of Rs. 37.16 lakhs and deleted the addition.

3.

Facts on record show that the Assessing Officer had made addition of Rs. 98.91 lakhs on account of unexplained cash deposits from undisclosed sources of income. The first appellate authority has given a relief of Rs. 37.16 lakhs thereby sustaining addition of Rs. 61.75 lakhs against which the Revenue is in appeal.

4.

The grievance of the Revenue itself shows that the tax effect is less than Rs. 20 lakhs. This appeal by the Revenue has to be dismissed in the light of the CBDT Circular No. 3/2018 dated 11.07.2018 by which the Board has revised the monetary limit for filing of appeals by the department before the ITAT and the monetary limit has been fixed at Rs. 20 lakhs. The Board at Clause 13 of the said Circular has clarified as under:

“This Circular will apply to SLPs/appeals/cross objections/references to be filed henceforth in Supreme Court/High Court/Tribunal and it shall also apply retrospectively to pending SLPs/appeals/cross objections/ references. The pending appeals below the specified tax limit in para 3 above may be withdrawn/not pressed.”

5.

In the light of the aforesaid CBDT Circular, the appeal filed by the Revenue is dismissed.

6.

In the result, the appeal of the Revenue in is dismissed.

The order is pronounced in the open court on 08.01.2019.

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