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Dy. Commissioner of Income Tax, Circle-2(1)(2), (Intl. Tax), New Delhi. Vs. Shri Naresh Kumar, C/o Dewan P.N. Chopra & Co. D-295, Defence Colony, New Delhi-110024.
October, 21st 2019
                                                                   ITA No.-5551/Del/2016.
                                                                        Shri Naresh Kumar.

                  (DELHI BENCH: `E': NEW DELHI)


                          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

                                      Page 1 of 4
                                                                    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,

                                       Page 2 of 4
                                                                          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


(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

Copy    forwarded to:
  1.    Appellant
  2.    Respondent
  3.    CIT
  4.    CIT(Appeals)
  5.    DR: ITAT

                                                           ASSISTANT REGISTRAR
                                                                 ITAT NEW DELHI

                                          Page 3 of 4
                                                     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.

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.
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

                                Page 4 of 4
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