Income Tax Appellate Tribunal - Delhi
Del Gears Ltd., New Delhi vs Department Of Income Tax on 15 October, 2010
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH `B': NEW DELHI
BEFORE SHRI C.L.SETHI, JUDICIAL MEMBER AND
SHRI K.G. BANSAL, ACCOUNTANT MEMBER
I.T. A. No.5275/Del/2010
Assessment Year : 2002-03
Income-tax Officer, M/s. Del Gears Ltd.,
Ward 10(1), New Delhi. Vs. B-2/48, Janakpuri,
New Delhi.
PAN: AAACD3169L
(Appellant) (Respondent)
Appellant by: Ms. Y. Kakkar, Sr. DR.
Respondent by: None.
ORDER
PER C.L. SETHI, JUDICIAL MEMBER:
In this appeal filed by the revenue against the order dated 15.10.2010 passed by the learned Commissioner of Income-tax (Appeals) for the Assessment Year 2002-03, the only ground raised by the revenue is directed against the CIT(A)'s order in deleting the addition of Rs.5,95,000/- made by the Assessing Officer on account of alleged unexplained cash credit under section 68 of the Income-tax Act, 1961 (the Act).
2. We have heard the learned Departmental Representative and perused the material on record.
2
3. The total amount of addition deleted by the CIT(A) is of Rs.5,95,000/-, which has been challenged by the revenue in this appeal. The tax effect on the sum of Rs.5,95,000/- comes below Rs.2,00,000/-. Therefore, the department should not have filed this appeal in the light of Central Board of Direct Tax's (CBDT) Instruction No.2 of 2005 dated 24.10.2005. This fact was pointed out to the learned DR, and after hearing, the appeal is dismissed as not maintainable being filed to the contrary of the Instruction of the Board.
4. In the result, the appeal filed by the revenue is dismissed.
5. This decision was pronounced in the Open Court immediately after the hearing was over on 11th May, 2011.
Sd/- Sd/-
(K.G. BANSAL) (C.L. SETHI)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 11th May, 2011.
Copy of the order forwarded to:-
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
By Order
*mg Deputy Registrar, ITAT.