ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3, DELHI vs. ASHOK KUMAR TYAGI, DELHI

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ITA 4516/DEL/2024Status: DisposedITAT Delhi17 February 2025AY 2018-19Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANISH AGARWAL (Accountant Member)3 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. This was primarily because the tax effect of the appeal was below the monetary limit prescribed by the latest CBDT circular for filing appeals before the Tribunal.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order deleting additions made to the assessee's income. The additions were on account of income from other sources, and protective additions for cash payments.

What were the issues?

Whether the appeal filed by the Revenue is maintainable given the low tax effect in light of the latest CBDT circular. Whether the additions made by the Assessing Officer were justified based on the evidence and the assessee's response to summons.

Which sections of the Income-tax Act were involved?

Section 56,Section 69A,Section 69C,Section 131

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’: NEW DELHI

For Respondent: Mr. Javed Akhtar, CIT- DR
Hearing: 17/02/2025Pronounced: 17/02/2025
1.

This is appeal filed by the Revenue against the order of the Ld. CIT(A)-23, Delhi dated 27/07/2024 for Asst. Year 2018-19.

2.

The Revenue has challenged the order of CIT(A) on following grounds of appeal:

1. The Ld. CIT(A) has erred on facts and in law in deleting the addition of Rs. 34,00,360/-made u/s 56(1) of the Act on account of income from other source ignoring the facts that the assessee did not respond to summons issued u/s 131 of the Act multiple times for recording his statement and verify the nature of business which he had claimed u/s 44AD of the Act.

ACIT vs Ashok Kumar Tyagi Further, the assessee did not respond to show cause notice issued during assessment proceedings. From the conduct of the assessee and his statement recorded on 16.05.2018, clearly established that assessee had no explanation and evidence to prove genuineness of claim u/s 44AD of the Act. 2 The Ld. CIT(A) has erred on facts and in law in deleting the protective addition u/s 69A of the Act for an amount of Rs.5,00,000/- despite the facts that document found during the course of search clearly show that the assessee (who is brother-in-law of Sh. Pradeep Tyagi) had made payment in cash to Sh. Fazaan on 28.01.2018. Assessee did not respond to summons u/s 131 of the Act issued during the course of assessment proceedings and therefore did not discharge the onus to explain the incriminating material seized in search.

3. The Ld. CIT(A) has erred in deleting protective addition u/s 69C of the Act for an amount of Rs. 71,67,000/-ignoring the fact that the document found during the course of search clearly indicated that the assessee has made cash payments to certain persons. The document contained the details of project in relation to which payment is made, date of payment and persons to whom the payment was made. 4 Ld. CIT(A) has erred in not appreciating the fact that the assessee did not respond to summons u/s 131 of the Act issued during the course of assessment proceedings and therefore did not discharge the onus of explaining the incriminating material found/seized during the search.

5. The appellant craves leave for reserving the right to amend, modify, alter, add or forego any ground(s) of appeal at any time before or during the hearing of this appeal.”

3.

Ongoing through the facts of the case, we find that an addition of Rs.71,67,000/- challenged in ground No.3, Rs.5,00,000/- challenged in ground No.2 are protective additions. The remaining addition of Rs.34,00,360/- is on substantive basis.

4.

From the facts it is found that the tax effect in this case is below the limits prescribed by the latest CBDT vide Circular No.09/2024 dated 17/09/2024 revising the monetary limit for filing the appeals ACIT vs Ashok Kumar Tyagi before the Tribunal to Rs.60 Lacs. In such circumstances, the present appeal filed by the Revenue in case of low tax effect is not maintainable.

5.

In conclusion, by applying the CBDT Circular No.09/2024 dated 17/09/2024 (supra), the captioned appeal of the Revenue is dismissed as withdrawn/not pressed.

6.

In the result, the appeal of the Revenue is dismissed. Order is pronounced in open court on 17/02/2025.

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