DCIT, CIRCLE-4(1), PATNA V. M/S PRACHI CONSTRUCTION, PATNA

MA 4/PAT/2020

AI Insights

The case involves a miscellaneous application by the Revenue against M/s Prachi Construction, concerning an earlier Tribunal decision which dismissed the Revenue's appeal on the grounds that the tax effect was less than ₹50 lakhs. The Revenue filed a miscellaneous application claiming that the tax effect was actually more than ₹50 lakhs, contrary to the Tribunal's earlier finding. However, the Tribunal dismissed the application due to the lack of specific calculations or evidence supporting the Revenue's claim.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 472592 (ITAT-PATNA)
• Duration Of Justice: 4 year(s) 8 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-10-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 10-09-2024
• Assessment Year: 2007-2008
• Appeal Filed On: 11-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHWANI KR. SINGAL
• Assessee Lawyers: KRISHNA MISHRA
• Keywords: Tax effect

Judgement Text

" आयकर अपीलीय अधिकरण न्यायपीठ, पटना। IN THE INCOME TAX APPELLATE TRIBUNAL “DB” BENCH, PATNA (Through virtual hearing at Kolkata) BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT & SHRI DR. MANISH BORAD, ACCOUNTANT MEMBER MA No. 4/PAT/2020 (Arising in ITA No. 133/PAT/2018 for A.Y. 2007-08) DCIT, Circle-4 Patna Vs M/s Prachi Construction, 104, Sachi Palace, Sahdeo Mahto Marg, Boring Road, Patna-800 001 [PAN : AAEFP2618R] आवेदक/ (Applicant) प्रत्‍ यर्थी/ (Respondent) Assessee by : Shri Krishna Mishra, Adv. Revenue by : Shri Ashwani Kr. Singal, JCIT सुनवाई की तारीख/Date of Hearing : 10.09.2024 घोषणा की तारीख /Date of Pronouncement : 14.10.2024 आदेश/O R D E R PER SHRI RAJPAL YADAV, VICE PRESIDENT: The present miscellaneous application is directed at the instance of the Revenue pointing out an apparent error in the order of the Tribunal passed in ITA No. 133/PAT/2018 dated 19th September, 2019. 2. The above appeal of the Revenue was dismissed by the Tribunal on the ground that tax effect by virtue of relief given by the CIT (A) is less than ₹50 lacs. 3. We deem it appropriate to take note of the application filed by the Revenue which read as under:- Page | 2 MA No. 04/PAT/2020 M/s Prachi Construction; A.Y. 2007-08 “Name of the Assessee: M/s Prachi Construction, 104, Sachi Palace, Sahdeo Mahto Marg, Boring Road, Patna 800001 AAEFP2618 2007-08 ITA No. 133/PAT/2018 dated 18.09.2019 PAN: Assessment Year: Appeal No. 1. An appeal was filed by the Department on 25.05.2018 before Hon'ble ITAT, Patna. The Hon'ble ITAT has dismissed the appeal filed by the Revenue without going into merits of the case considering that the tax effect in the case is less than Rs. 50,00,000/-. However, Hon'ble ITAT in its order has made clear that the Department is at liberty to file Miscellaneous Application, if the tax effect is found to be more than the prescribed limit of Rs. 50 lakhs. On perusal of the records, it is found that the tax effect in the case is more than Rs. 50 lakhs. 2. Any other ground taken at the time of hearing” 4. Perusal of the above application do not reveal as to how tax effect is more than 50 lacs. The AO has not given any calculation along with the application. It is a vague application which does not goad the adjudicating authority to arrive at a conclusion that tax effect was more than 50 lacs and order of the Tribunal dismissed to be recalled. Hence, this miscellaneous application is dismissed. 5. In the result, the MA of the Revenue is dismissed. Order pronounced in the Court on 14th October, 2024 at Kolkata. Sd/- Sd/- (DR. MANISH BORAD) (RAJPAL YADAV) ACCOUNTANT MEMBER VICE PRESIDENT Kolkata, Dated 14.10.2024 *SS, Sr.Ps Page | 3 MA No. 04/PAT/2020 M/s Prachi Construction; A.Y. 2007-08 आदेश की प्रतततिति अग्रेतषत/Copy of the Order forwarded to : 1. अिीिार्थी / The Appellant 2. प्रत्यर्थी / The Respondent 3. संबंतित आयकर आयुक्त / Concerned Pr. CIT 4. आयकर आयुक्त ( अिीि ) / The CIT(A)- 5. तवभागीय प्रतततनति , अतिकरण अिीिीय आयकर , िटना/DR, ITAT, Patna, 6. गार्ड फाईि / Guard file. आदेशानुसार/ BY ORDER, TRUE COPY Assistant Registrar आयकर अिीिीय अतिकरण ITAT, Patna "