ACIT, New Delhi v. Shri Charu Shekhar Gupta, New Delhi

MA 788/DEL/2018 | 2011-2012
Pronouncement Date: 05-11-2019 | Result: Allowed

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Appeal Details

RSA Number 78820124 RSA 2018
Assessee PAN AAAPG6913C
Bench Delhi
Appeal Number MA 788/DEL/2018
Duration Of Justice 10 month(s) 5 day(s)
Appellant ACIT, New Delhi
Respondent Shri Charu Shekhar Gupta, New Delhi
Appeal Type Miscellaneous Application
Pronouncement Date 05-11-2019
Appeal Filed By Department
Order Result Allowed
Bench Allotted B
Tribunal Order Date 05-11-2019
Assessment Year 2011-2012
Appeal Filed On 31-12-2018
Judgment Text
1 M.A NO. 788/DEL/2018 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: FRIDAY NEW DELHI BEFORE SH. R. K. PANDA ACCOUNTANT MEMB ER AND MS SUCHITRA KAMBLE JUDI CIAL MEMBER M.A NO. 7 88/DEL/2018 IN ( I.T.A. NO. 1156/DEL/2 017 A.Y 2011-12) D Y. C OMMISSIONER OF I NCOME TAX CENTRAL CIRCLE-3 NEW DELHI (APPLICANT) VS SHRI CHARU SHEKHAR GUPTA 203 ASHADEEP APARTMENT 9 HALLY ROAD NEW DELHI 110 001 AAAPG 6913 C (RESPONDENT) APPLICANT BY SMT. EKTA VISHNOI SR. DR RESPONDENT BY SHRI M.M.S ATTARI ADV. ORDER PER SUCHITRA KAMBLE JM THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVE NUE IN RESPECT OF ORDER DATED 29.08.2018 WHEREIN THE APPEAL OF THE REVENUE IS DISMISSED IN RESPECT OF CBDT CIRCULAR NO. 03/2018 AMENDED VIDE LETTER DATED 20 TH JULY 2018 REGARDING APPEALS FILED BY REVENUE WHEREIN TAX EFFE CT IS LESS THAN RS. 20 LAC. 2. THE LD. DR SUBMITTED THAT PARA 10 OF CBDT CIRCUL AR NO. 03/2018 DATED 11 TH JULY 2018 SPECIFIES THAT THE ADVERSE JUDGMENT SHO ULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT IS LESS THAN THE MONETARY LIMIT SPECIFIED IN PARA 3 OF CBDT CIRCULAR 03/2018 OR THE RE IS NO TAX EFFECT IN CASES WHERE THE ADDITION IS RELATED TO UNDISCLOSED FOREIG N ASSET/BANK ACCOUNTS. IN THIS CASE THE ASSESSMENT ORDER U/S 153A R.W.S. 143 (3) WAS PASSED BY THE ASSESSING OFFICER. DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE ASSESSING DATE OF HEARING 13.09.2019 DATE OF PRONOUNCEMENT .11.2019 2 M.A NO. 788/DEL/2018 OFFICER MADE ADDITIONS ON ACCOUNT OF UNDISCLOSED IN COME/INTEREST IN UNDISCLOSED HSBC ACCOUNT AMOUNTING TO RS.3 45 391/- . CONSEQUENTLY THE ASSESSING OFFICER ALSO IMPOSED PENALTY OF RS.1 06 7 25/- U/S 271(1)(C) OF THE INCOME TAX ACT 1961 VIDE ORDER DATED 28.09.2015. 3. THE LD. AR THROUGH WRITTEN SUBMISSION SUBMITTED AS UNDER: 2. THE CAPTIONED APPEAL IS FILED BY THE DY. COMMISSIO NER OF INCOME TAX CENTRAL CIRCLE -3 'NEW DELHI AGAINST THE ORDE R OF LD. COMMISSIONER OF INCOME TAX (APPEALS)23 NEW DELHI DATED 29.11.2016 AND IS FIXED FOR HEARING FOR TODAY I.E. 13.09.2019. 3. THE APPELLANT/ASSESSEE HAS NOT RECEIVED THE APPEAL IN PROFORMA NO. 36 ALONG WITH GROUNDS OF APPEAL FILED BY THE DEPART MENT. 4. IT IS PERTINENT TO MENTION THAT THE APPELLANT/ASSES SEE DID NOT RECEIVED ANY NOTICE FOR THE LAST DATE FIXED FOR HEARING I.E. 06.09.2019 AS MENTIONED IN THE PRESENT NOTICE. 5. THE PRESENT NOTICE DATED 06.09.2019 FIXING THE DATE FOR 13.09.2019 WAS RECEIVED ON 12.09.2019 AT 4:00 PM WHICH IS CRYS TAL CLEAR FROM THE ENVELOPE CONTAINING THE AFORESAID NOTICE (PHOTO COP Y ENCLOSED) 6. IT IS HUMBLY PRAYED THAT IN A SUCH SHORT TIME THE SUBMISSIONS BEFORE YOUR HONOR COULD NOT BE DRAFTED PREPARED AND SUBMI TTED. 7. THEREFORE IN VIEW OF THE FACTS AND CIRCUMSTANCES N ARRATED ABOVE YOUR HONOR IS REQUESTED TO ADJOURN THE APPEAL AT LE AST FOR THE PERIOD OF TWO WEEKS. 8. WITHOUT PREJUDICE THE ABOVE THE LD. ASSESSING OFFI CER FRAMED THE ASSESSMENT FOR A.Y. 2011-12 AND MADE ADDITION OF RS . 3 45 391/- AS DEEMED INTEREST ON THE ALLEGED DEPOSIT IN THE ACCOU NT OF THE APPELLANT/ASSESSEE ALLEGED TO BE WITH HSBC BANK CRE ATING A DEMAND OF RS. 1 49 416/- (RUPEES ONE LAC FORTY NINE THOUSAND FOUR HUNDRED SIXTEEN). 9. THE APPELLANT/ASSESSEE SINCE THE BEGINNING HAS DEN IED TO HAVE ANY ACCOUNT WITH HSBC BANK WITH ANY FOREIGN COUNTRY . 10. THE DEPARTMENT IN PURSUANT TO THE MANDATE OF SECTIO N 268A THE CBDT HAS ISSUED A PRESS RELEASE DATED 08.08.2019 IN WHICH MONETARY 3 M.A NO. 788/DEL/2018 LIMIT FOR FILING THE DEPARTMENTAL APPEALS BEFORE HO N'BLE ITAT HAS BEEN INCREASED FROM RS. 20 00 000/- TO RS. 50 00 000/-. 11. IT IS PERTINENT TO MENTION THAT THE INCOME TAX APPE LLATE TRIBUNAL DELHI BENCH-B NEW DELHI VIDE ORDER DATED 23.08.201 8 IN ITA NO. 1155/DEL/2017 FOR AY 2010-11 ITA NO. 1153/DEL/2017 FOR AY 2008-09 & 1157/DEL/2017 FOR AY 2012-13 IN THE CASE OF CHARU SHEKHAR GUPTA APPELLANT/ASSESSEE HAS DISMISSED THE APPEALS OF THE REVENUE ON THE GROUND THAT IN VIEW OF THE MANDATE OF SECTION 268A THE CBDT HAS ISSUED CIRCULAR 03 OF 2018 DATED 11.07.2018 WITH RETROSPEC TIVE EFFECT REVISING THE MONETARY LIMIT TO RS. 20 00 000 FOR NOT FILING APPEALS BEFORE THE TRIBUNAL. IT IS FURTHER FOUND THAT (BY HON'BLE ITAT ) AS TAX EFFECT INVOLVED IN THE INSTANT APPEALS IS LESS THAN RS. 20 00 000/- TH E EXTANT APPEALS ARE NOT MAINTAINABLE. THUS THE LD. AR SUBMITTED THAT THE ASSESSEE DENIED THE FACT THAT THE ASSESSEE WAS HAVING ANY ACCOUNT WITH THE SAID BANK. THEREFOR E THIS APPEAL FILED BY THE REVENUE IS COMING UNDER THE PURVIEW OF THE TAX EFFE CT AS PER THE CIRCULAR 03/2018. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED ALL T HE RELEVANT MATERIAL AVAILABLE ON RECORD. SINCE THE APPEAL FILED BY THE REVENUE IS COMING UNDER THE EXCEPTIONAL CIRCUMSTANCES THEREFORE THE CIRCULAR NO. 03/2018 WILL NOT BE APPLICABLE IN THE PRESENT CASE. HENCE ORDER DATED 29.08.2018 IS RECALLED. THEREFORE THE MISC. APPLICATION FILED BY THE REVEN UE IS ALLOWED. REGISTRY IS DIRECTED TO PLACE THE APPEAL BEING ITA NO. 1156/DEL /2018 FOR HEARING IN DUE COURSE. BOTH THE PARTIES BE GIVEN NOTICE ACCORDINGL Y. 5. IN RESULT MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 5 TH DAY OF NOVEMBER 2019 . SD/- SD/- (R. K. PANDA) (SUCHITRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 5/11/2019 4 M.A NO. 788/DEL/2018 PRITI YADAV SR. PS * COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE OF DICTATION 05 . 11 .2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 05.11 .2019 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