Amit Digvijay Singh, Nashik vs Department Of Income Tax

Asstt. Commissioner of Income Tax, Central Circle- 1, Nashik. .... Appellant

Vs.

Amit Digvijay Singh, Durgesh Residency, Gangapur Road, Nashik PAN : AQZPS2999F .... Respondent

Department by : Shri Sandeep Garg, CIT Assessee by : Shri S. N. Doshi Date of hearing : 16-03-2015 Date of pronouncement : 30-03-2015

ORDER

PER G. S. PANNU, AM

The captioned appeal preferred by the Revenue against the order of the

Commissioner of Income Tax (Appeals)-I, Nashik dated 24.07.2012 which, in

turn, has arisen from the order dated 31.12.2009 passed by the Assessing

Officer u/s 144 r.w.s. 153A of the Income-tax Act, 1961 (in short "the Act")

pertaining to the assessment year 2007-08.

2. In this appeal, the solitary issue raised by the Revenue is with regard to

the action of the CIT(A) in deleting the addition of Rs.6,00,000/- made by the

Assessing Officer on account of estimation of income.

3. In brief, the relevant facts are that assessee is an individual engaged in

the business of hiring motor vehicles. Initially, assessee had not filed his

return of income u/s 139 of the Act. A search action u/s 132 of the Act was

conducted on 28.06.2007 in the case of Singh Bhutada group of cases and

the Assessing Officer further issued notice u/s 153A of the Act on 19.10.2007

for filing of return of income. In response to notice u/s 153A of the Act, 2 ITA No.1944/PN/2012

assessee had not filed his return of income. The Assessing Officer finally

assessed the income on the basis of information collected during the course of

search proceedings and made an addition of Rs.6,00,000/- on account of

estimation of income. Being aggrieved with the action of the Assessing

Officer, assessee carried the matter before the CIT(A). The CIT(A) has not

agreed with the stand of the Assessing Officer and deleted the aforesaid

impugned addition of Rs.6,00,000-/. Not being satisfied with the decision of

the CIT(A), Revenue is in appeal before us.

4. At the time of hearing, a preliminarily objection was raised by the Ld.

Representative for the respondent-assessee to the effect that the captioned

appeal is not maintainable in view of Instruction No.5 of 2014 dated

10.07.2014 issued by the CBDT. The plea raised before us is that the tax

effect in respect of the issue raised in the present appeal is below the limit

prescribed by CBDT in its Instruction No.5 of 2014 (supra) for filing of appeals

before the Tribunal.

5. In response, the Ld. Departmental Representative has not contested

the factual matrix that the tax effect involved in present appeal is below the

monetary limits prescribed by the CBDT in its Instruction No.5 of 2014 (supra)

regarding filing of appeals before the Tribunal.

6. In view of the aforesaid factual position, it is evident that the captioned

appeal is not maintainable and is hit by the monetary limits prescribed by the

CBDT vide Instruction No.5 of 2014 (supra) for filing of appeals before the

Tribunal. Notably, as per the CBDT Instruction No.5 of 2014 (supra) appeal

before the Tribunal shall not be filed in cases where the tax effect in respect of

the issues raised is below Rupees four lacs. As a result of the aforesaid

discussion, in our view, the present appeal of the Revenue is not maintainable 3 ITA No.1944/PN/2012

in the light of the CBDT Instruction No.5 of 2014 (supra). Accordingly, the

captioned appeal is dismissed as not maintainable.

7. In the result, the captioned appeal of the Revenue is dismissed, as

above.

Order pronounced on 30 th March, 2015.

Sd/- Sd/- (SUSHMA CHOWLA) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER

Pune, Dated: 30 th March, 2015. Sujeet

Copy of the order is forwarded to: - 1) The Assessee; 2) The Department; 3) The CIT(A)-I, Nashik; 4) The CIT-I, Nashik; 5) The DR "A" Bench, I.T.A.T., Pune; 6) Guard File.

By Order //True Copy//

Assistant Registrar I.T.A.T., Pune