Answer any two out of the following three sub-parts viz (i), (ii) and (iii) (i) Mr. Balram Kumar, a jeweller was intercepted by Police personnel…

CA Final · Direct Tax Laws and International Taxation · PYQS · November 2024
Answer any two out of the following three sub-parts viz (i), (ii) and (iii) (i) Mr. Balram Kumar, a jeweller was intercepted by Police personnel with 1 kg of gold ornaments at New Delhi on 17.01.2023. The case was referred to Income Tax Investigation wing by the Police and the gold ornaments were seized by the Income Tax Department. The registered valuer made the valuation of the gold ornaments amounting to 63.30 Lacs, to which the assessee did not raise any objection During the assessment proceedings, the AO was not satisfied with the explanation given by the assessee and the AO made the additions of 63.30 lacs as unexplained jewellery u/s 69A in the hands of Mr. Balram Kumar and applied section 115BBE for applicability of tax alongwith Interest. As a result, a demand of tax of 49.37 lacs and interest of 12.35 Lacs were created against the assessee, The assessee filed an appeal before the Commissioner of Income Tax Appeals, as per Law. The CIT(Appeals) allowed the appeal and the addition of 63.30 lacs was deleted by the CIT being satisfied with the nature and source of the ornaments found from the assessee. The jurisdictional CIT contemplates to file an appeal before the ITAT against the order of CIT(Appeals). Can Jurisdictional CIT do so? Discuss while explaining the provisions of Income-tax Act and Rules.

Suggested Answer and Working Notes:

(i) As per section 253 (2) , the Principal Commissioner or Commissioner may, if he objects to any order passed by the Joint Commissioner (Appeals) or the Commissioner (Appeals) under section 250, direct the Assessing Officer to appeal to the Appellate Tribunal against such order. However, the Departmental appeals are subjected to the monetary limits and other conditions specified by the CBDT for filing appeals before Income Tax Appellate Tribunal, High Courts and SLPs/ appeals before Supreme Court. The key points as per CBDT circulars in this regard are as under: Departmental Appeals shall not be filed before Appellate Tribunal in cases where the tax effect does not exceed the monetary limit of 50lakhs.Tax would include surcharge and cess. However, the tax will not include any interest thereon, except where chargeability of interest itself is in dispute. In the present case, tax of 49.37 lacs [78% of 63.30 lakhs] under section 115BBE and interest of 12.35 lakhs determined in respect of additions of unexplained jewellery under section 69A. Since the tax effect excluding interest does not exceed 50lakhs, the department cannot file appeal before the ITAT.

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