ITA No.-5551/Del/2016.
Shri Naresh Kumar.
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH: `E': NEW DELHI)
BEFORE Ms. SUSHMA CHOWLA, JUDICIAL MEMBER
AND
SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER
ITA No:- 5551/Del/2016
(Assessment Year: 2010-11)
Dy. Commissioner of Income Shri Naresh Kumar,
Tax, Vs. C/o Dewan P.N. Chopra & Co.
Circle-2(1)(2), (Intl. Tax), D-295, Defence Colony,
New Delhi. New Delhi-110024.
PAN No: ASKPK5828P
APPELLANT RESPONDENT
Revenue By : Smt. Rakhi Bimal, Sr. DR
Assessee By : Parveen Kumar, CA
Per Anadee Nath Misshra, AM
(A) This appeal by Revenue is filed against the order of Learned Commissioner of
Income Tax (Appeals)-43, New Delhi, ["Ld. CIT(A)", for short], dated 29.08.2016 for
Assessment Year 2010-11. Grounds taken in this appeal of Revenue are as under:
"1. Whether, in the facts and circumstances, the Ld. CIT(A) was correct
in law to accept the principle of preponderance of probabilities in
holding that the claim of the assessee that the entire cash deposits
of Rs.81,20,000 was out of his cash-in-hand, which was drawn out
from his bank account on earlier dates during the year 2009-10 and
in the previous year 2008-09?
2. Whether, in the light of the law established and based on the facts
and in the circumstances of the case, the Ld.CIT(A) is legally
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ITA No.-5551/Del/2016.
Shri Naresh Kumar.
justified in concluding that burden of proof cast on the assessee
has been discharged and he has offered a satisfactory explanation
on the source of the cash deposits of Rs.81,20,000?
3. Whether in the facts and circumstances of the case, the Ld.CIT(A)
failed to enquire into the claim of the assessee and bring on record
adequate justification to accept such claim in the light of the fact
that assessee did not adduce any evidence of the purported
investment opportunities, he was exploring and also that the
assessee did not adduce evidence to the effect that such call-in-
hand was duly disclosed in his wealth tax returns.
4. The appellant craves to add, amend, modify or alter any grounds of
appeal at the time or before the hearing of the appeal."
(B) At the outset, learned Authorized Representative ("Ld. AR", for short) for the
assessee brought to our notice, at the time of hearing, that tax effect in this appeal is
Rs. 50,00,000/-. Both sides, [Representatives of Revenue and the Assessee] were in
agreement, at the time of hearing before us, that the tax effect in the present appeal is
Rs. 50,00,000/-. Vide recent CBDT Circular No. 17/2019 dated 08.08.2019 read with
earlier CBDT Circular No. 3 of 2018, dated 11.07.2018, minimum threshold limit of tax
effect of filing of appeals by Revenue in Income Tax Appellate Tribunal ("ITAT", for
short) has been enhanced to Rs. 50,00,000/-. In a subsequent clarification issued by
CBDT vide F.No. 279/Misc/M-93/2018-ITJ, dated 20/08/2019, it has been clarified by
CBDT that the aforesaid revised monetary limit is also applicable to all pending appeals
in ITAT. As the tax effect in this appeal does not exceed the aforesaid limit of Rs.
50,00,000/-; the Ld. Sr. DR for Revenue did not press the appeal. The learned
Authorized Representatives for the assessee also submitted that the appeal was not
maintainable in view of the aforesaid CBDT Circular dated 08.08.2019 and 11.07.2018;
and aforesaid clarification dated 20.08.2019 issued by CBDT. In view of the foregoing,
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ITA No.-5551/Del/2016.
Shri Naresh Kumar.
this appeal is dismissed being not pressed and also being not maintainable having
regard to aforesaid CBDT Circular No. 17/2019 dated 08.08.2019 read with aforesaid
CBDT Circular No. 3 of 2018 in the light of aforesaid clarification dated 20/08/2019.
(C) Before leaving, we clarify that Revenue will be at liberty to approach
Income Tax Appellate Tribunal U/s 254(2) of Income Tax Act, 1961 seeking
recall of this order and, for restoration of this appeal if it is found that appeal
of Revenue is not covered by aforesaid CBDT Circulars dated 08.08.2019 and
11.07.2018.
(D) In the result, this appeal by Revenue is dismissed. Our decision was orally pronounced
in the Open Court after conclusion of hearing on the date of hearing. Now, this written order is
pronounced in Open Court on 18/10/2019.
Sd/- Sd/-
(SUSHMA CHOWLA) (ANADEE NATH MISSHRA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 18/10/2019
Pooja/-
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
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ITA No.-5551/Del/2016.
Shri Naresh Kumar.
Date of dictation
Date on which the typed draft is placed before the
dictating Member
Date on which the typed draft is placed before the
Other Member
Date on which the approved draft comes to the Sr.
PS/PS
Date on which the fair order is placed before the
Dictating Member for pronouncement
Date on which the fair order comes back to the Sr.
PS/PS
Date on which the final order is uploaded on the
website of ITAT
Date on which the file goes to the Bench Clerk
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant
Registrar for signature on the order
Date of dispatch of the Order
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