DCIT 5(2)(2), MUMBAI vs. SANJAY BINDRA, NAVI MUMBAI

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ITA 1632/MUM/2017Status: DisposedITAT Mumbai24 October 2018AY 2011-123 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 appeal filed by the Revenue. This was based on the CBDT Circular which sets a monetary limit for filing appeals before the ITAT, and the tax effect in this case was below that limit.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order which deleted an addition of Rs. 33,50,000/- made under Section 68. The assessee did not appear for the hearing.

What were the issues?

Whether the appeal filed by the Revenue is maintainable before the ITAT given the tax effect and CBDT circular limits.

Which sections of the Income-tax Act were involved?

Section 68,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCHES “G”, MUMBAI

Before: SHRI R.C. SHARMA (AM) & SHRI RAM LAL NEGI (JM)

For Respondent: Shri Chaudhary Arunkumar Singh (DR)
Hearing: 24/10/2018Pronounced: 24/10/2018

O R D E R

PER RAM LAL NEGI, JM

1.

This appeal has been filed by the revenue against the order dated 30.11.2016 passed by the Commissioner of Income Tax (Appeals)-10 (for short ‘the CIT (A), Mumbai, for the assessment year 2011-12, whereby the Ld. CIT(A) has allowed the appeal filed by the assessee against the assessment order passed u/s 143 (3) of the Income Tax Act, 1961 (for short the ‘Act’).

2.

Aggrieved by the order of Ld. CIT (Appeals), the revenue has preferred this appeal before the Tribunal on the following effective ground:-

1. “On the facts and in the circumstances of the case and in law, the Ld. CIT (A) has erred in deleting the addition of Rs. 33,50,000/- on account of unexplained credit u/s 68 even though the assessee has not furnished the Proof Assessment Year: 2011-12 of having cash-in hand of Rs. 24 lakhs for advancing the same to Chandan & Chandan as a financial help on the date of advancing the same.”

3.

This case was fixed for today for hearing. However, when the case was called out for hearing, none appeared on behalf of the respondent/assessee. We notice that the tax effect of the relief granted by the Ld. Commissioner of Income Tax (Appeals) is below Rs.20 lacs and as per the CBDT Circular No. 3/2018, F. No. 279/Misc.142/2007-ITJ (Pt) dated 11th July, 2018 issued by Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, Government of India limit fixed by the CBDT for filing the appeal before the ITAT is 20 lacs.

4.

The Ld. Departmental Representative (DR) fairly conceded that this appeal is not maintainable in light of the above said CBDT Circular. The Ld. DR also did not point out that this appeal falls in any of the exceptions carved out in the above said circular. 5. We have gone through the order of the Ld. Commissioner of Income Tax (Appeals) and the grounds of appeals. We find that the tax effect in the above referred appeal is less than Rs. 20 lacs. Accordingly, we dismiss the aforesaid appeal filed by the Revenue. In the result, the appeal by the Revenue is dismissed.

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