2011 (3) TMI 1638 - AT - Income Tax

Summary

Issues Involved: Appeal against deletion of addition of share application money u/s 68 of the Income Tax Act, 1961.

The Appellate Tribunal ITAT DELHI dismissed the appeal filed by the revenue against the order of the CIT (A) dated 12th August, 2010 for assessment year 2001-02. The grounds of appeal included the erred deletion of the addition of Rs. 7,00,000/- made on account of share application money u/s 68 of the Income Tax Act, 1961. The department contested the deletion of the addition of Rs. 7 lac, noting that the tax effect on the present appeal was below the monetary limit fixed by CBDT instruction No.3/2011 of Rs. 3 lac for filing appeals in income-tax matters before the Tribunal. The total income of the assessee as assessed by the Assessing Officer was Rs. 7,19,030/-, with a tax effect of Rs. 2,84,376/-, including surcharge. The Tribunal cited precedents where the monetary limit was held applicable to all pending appeals, leading to the dismissal of the revenue's appeal for being below the monetary limit.

The revenue's appeal was dismissed as it fell below the monetary limit set by CBDT instruction No.3/2011 for filing appeals in income-tax matters before the Tribunal, which was Rs. 3 lac. The Tribunal emphasized that the total tax effect in the present appeal was less than Rs. 3 lac, making the appeal unadmitted and dismissed in limine. The decision was based on the recent instruction issued by the CBDT and supported by jurisdictional High Court decisions in similar cases. Consequently, the appeal filed by the Department was dismissed, in line with the monetary limit set by the Circular.

In conclusion, the Appellate Tribunal ITAT DELHI dismissed the revenue's appeal against the deletion of addition of share application money u/s 68 of the Income Tax Act, 1961, as the appeal fell below the monetary limit fixed by CBDT instruction No.3/2011 for filing appeals in income-tax matters before the Tribunal, which was Rs. 3 lac.