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Facts
The assessee filed an appeal for AY 2017-18 against a CIT(A) order. The CIT(A) had previously allowed the assessee's lower appeal, deleting an addition of Rs. 492,29,39,276/- made under Section 68 of the Income Tax Act as unexplained cash credits, arising from an assessment framed under Sections 147 r.w.s. 144.
Held
The Tribunal observed that since the lower appellate authority (CIT(A)) had already ruled in favour of the assessee by deleting the addition, the instant appeal filed by the assessee before the ITAT was not maintainable. Consequently, the Tribunal dismissed the assessee's appeal.
Key Issues
Whether an appeal before the ITAT is maintainable when the lower appellate authority (CIT(A)) has already granted relief by deleting an addition under Section 68.
Sections Cited
Section 147, Section 144, Section 68, Income Tax Act, 1961
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. M. Balaganesh
Asstt. Year : 2017-18 New Delhi Municipal Council, Vs Director (Accounts) Palika Kendra, Sansad Marg, Delhi, Palika Kendra, Sansad New Delhi-110001 Marg, New Delhi-110001 (APPELLANT) (RESPONDENT) PAN No. AAFFN5015R Assessee by : None Revenue by : Sh. Akhilesh Kumar Yadav, Sr. DR Date of Hearing: 02.12.2024 Date of Pronouncement: 05.12.2024 ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2017-18, arises against the order of CIT(A)/NFAC, Delhi dated 08.08.2023 in DIN & Order No. ITBA/NFAC/S/250/2023- 24/1054931639(1) in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “The Act”).
Case called twice. None appears at the assessee’s behest. It is accordingly proceeded ex-parte.
A perusal of the CIT(A)/NFAC’s lower appellate discussion in para 5 suggests that he has already accepted the assessee’s lower appeal thereby deleting addition of Rs.492,29,39,276/- made u/s 68 of the Act as unexplained cash credits, in assessment framed by the assessing authority on 30.03.2022. This being the clinching case, we are of the considered view that the assessee’s instant appeal could hardly be held as
This assessee’s appeal is dismissed in above terms. Order Pronounced in the Open Court on 05/12/2024.