ITO, NEW DELHI vs. SH. VIKAS GROVER, NEW DELHI

ORDER The present appeal has been filed by the Revenue assailing the correctness of the order dated 13.01.2014 of CIT(A)-XXVI, New Delhi pertaining to 2008-09 assessment year on the following grounds:

– 1. “The CIT(A) has erred in allowing the assessee to file the fresh evidence under rule 46A when during assessment proceedings despite being given number of opportunities, the assessee could not file complete books of accounts/submissions and details w.r.t its claim. Also, the AO vide remand report had expressed his objection to admitting any fresh evidence u/s 46A.

2. The CJT(A) has erred in allowing the assessee to file the fresh evidence under rule 46A without appreciating the fact that it's the assessee's duty to inform the change of address to the department, whereas, the assessee willfully chose to not to intimate the change of the address to the department so as to escape income tax proceedings.

3. The CIT(A) has erred in deleting the addition of Rs.24,52,100/- without appreciating the fact that assessee neither filed the PAN nor the confirmation from the M/s Gujarat co operative Milk Federation Ltd. in view of which the genuineness of the transaction has remained un established,

4. The CIT(A) has erred in deleting the addition of Rs.24,52,100/- without appreciating the fact that mere proof that transaction was by I.T.A .No.-2146/Del/2014 cheque or through banking channel is not sufficient to prove the genuineness of the transaction. 5. The appellant craves leave to add, alter or amend any/all of the grounds of appeal before or during the course of the hearing of the appeal.”

2. No one was present on behalf of the assessee. Considering the amount at stake for the Revenue, Ld. Sr. DR was required to address Circular No.21/2015 dated 10th December, 2015 of CBDT. Considering the same and the facts on record, the Ld. Sr. DR referring to the departmental ground, submitted that the tax effect involved is much less than Rs.10 lakh. We find that the CBDT vide the aforesaid Circular dated 10.12.2015 has revised the monetary limit to Rs.10 lakh for filing the appeal by the department before Income Tax Appellate Tribunal. Para 3 of the aforesaid Circular has been made applicable vide para 10 retrospectively. Considering the settled legal precedent that the Board’s instructions or directions issued to the Income Tax Authorities u/s 268A of the Income Tax Act, 1961 are binding on the authorities, we dismiss the departmental appeal considering the material available on record.