ACIT, CENTRAL CIRCLE-2, NOIDA V. BRYS RESORTS PVT. LTD., NOIDA

MA 46/DEL/2024

AI Insights

The case involves the Income Tax Department (revenue) and M/s. Brys Resorts Pvt. Ltd., concerning appeals for the Assessment Years 2012-13 and 2013-14. The revenue filed miscellaneous applications to correct a clerical error in the Tribunal's previous order, where the grounds of appeal were mistakenly attributed to the assessee instead of the revenue. The Tribunal acknowledged the error as a 'mistake apparent from record' under Section 254(2) of the Income Tax Act and modified the order accordingly, ensuring the correct grounds of appeal were documented.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 788309 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 9 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-11-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: misc
• Appeal Filed On: 06-02-2024
• Laws Referred To: Section 254(2) of the Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OM PARKASH
• Assessee Lawyers: DEEPESH GARG

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER MAs 46 & 47/Del/2024 (ITA Nos.1038 and 1039/Del/2022 (Assessment Years: 2012-13 and 2013-14) DCIT, Central Circle-2, Noida Vs. M/s. Brys Resorts Pvt. Ltd, H-1, Pearl Gateway Tower, Sector-44, Noida (Appellant) (Respondent) PAN:AACCH5468C Assessee by : Shri Deepesh Garg, Adv Revenue by: Shri Om Parkash, Sr. DR Date of Hearing 29/08/2025 Date of pronouncement 25/11/2025 O R D E R PER M. BALAGANESH, A. M.: 1. By virtue of these miscellaneous applications, the revenue seek to modify the order passed by this Tribunal in ITA No. 1038 and 1039/Del/2022 for AY 2012-13 and 2013-14 respectively dated 28.08.2023 wherein, instead of reproducing grounds raised by the revenue in its appeal, the Tribunal had wrongly reproduced grounds raised by the assessee. This constitutes mistake apparent from record within the meaning of Section 254(2) of the Act warranting modification of the order passed by this Tribunal dated Printed from counselvise.com MAs 46 & 47/Del/2024 M/s. Brys Resorts Pvt. Ltd Page | 2 28.08.2023. Accordingly, we modify the order of this Tribunal and para 2 of the Tribunal order stands modified as under:- “Para 2. Grounds of appeal raised by the revenue for AYs 2012-13 and 2013-14 reads as under:- For Grounds for AY 2012-13:- “1. The Ld. CIT(A) has deleted the total addition of Rs.2,05,00,000/- on account of share application money & share capital received from two parties M/s Arnica Financial Consultants Pvt. Ltd. and Rahul Gaur. However, the assessee in its submission during remand report proceedings, failed to discharge the onus of proving the creditworthiness of these two share applicants. Since no supporting documents in the form of ITR or financial statements of these two parties was submitted, hence the creditworthiness of these parties can not be proved. For Assessment Year 2013-14 The Ld. CIT(A) has erred in law as well as in appreciating the fact that:- 1. The Ld. CIT(A) has deleted the total addition of Rs.6,15,00,000/- on account of share application money & share capital received from two parties M/s Arnica Financial Consultants Pvt. Ltd. and Rahul Gaur. However, the assessee in its submission during remand report proceedings, failed to discharge the onus of proving the creditworthiness of these two share applicants. Since no supporting documents in the form of ITR or financial statements of these two parties was submitted, hence the creditworthiness of these parties cannot be proved.\" 2. All other contents of the Tribunal order dated 28.08.2023 shall remain unchanged and this miscellaneous application shall be read along with the Tribunal order dated 28.08.2023. Printed from counselvise.com MAs 46 & 47/Del/2024 M/s. Brys Resorts Pvt. Ltd Page | 3 3. In the result, the miscellaneous applications of the revenue are allowed and the Tribunal order dated 28.08.2023 is modified in the above mentioned terms. Order pronounced in the open court on 25/11/2025. -Sd/- -Sd/- (YOGESH KUMAR U.S.) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 25/11/2025 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Printed from counselvise.com "