ITO NON CORPORATE WARD 15(5) , CHENNAI vs. WIN POWER ENGINEERING, CHENNAI

Revenue in this appeal is aggrieved that the ld. Commissioner of Income Tax (Appeals) deleted an addition of �10,17,376/- made by the ld. Assessing Officer u/s. 36(1) (vii) of the Income Tax Act, 1961 (in short ‘’the Act’’).

Grounds raised by the Revenue state that CBDT Circular No.21/2015, dated 10th December, 2015 does not apply since Revenue Audit Objection was accepted by the Department. When Bench enquired with the ld. Departmental Representative what was the Revenue Audit Objection, ld. Departmental Representative replied that he was unable to place hands on the objection. Since Revenue is unable to show how it fell under the exemption set out in Circular No.21/2015, I am of the opinion that the appeal cannot survive. However, if the Revenue able to find the Revenue audit objections if any, in future, it can file a petition for recalling the order.

In the result, appeal of the Revenue stands dismissed.