DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 4(2), DELHI, I.P.ESTATE, NEW DELHI V. CANDOR GURGAON TWO DEVELOPERS AND PROJECTS PVT LTD, HARYANA

MA 449/DEL/2023

AI Insights

The case involves a Miscellaneous Application by the Department of Income Tax under section 254(2) of the Income-tax Act, 1961, seeking to rectify an omission in the Tribunal's order dated 14.06.2023. The omission pertained to the non-inclusion of the decision regarding ITA No.2836/Del/2018 in the body of the order, despite its mention in the title. The Tribunal acknowledged the mistake and amended the order to include the previously omitted details, which pertained to the denial of deductions under section 80-IAB of the Act on income from car parking rentals and interest income, citing that these did not have a direct nexus with the business carried on by the assessee.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 783788 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-11-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 06-12-2023
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRIYA GOEL
• Assessee Lawyers: K.M. GUPTA; SUPRIYA MEHTA

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER Misc. Application No.449/Del/2023 (arising out of ITA No.2836/Del/2018) Assessment Year: 2014-15 DCIT, Circle-4(2), Delhi. Vs Candor Gurgaon Two Developers and Projects Pvt. Ltd., Candor Techspace, IT/ITES SEZ, Sector 48, Tower 5A, Gurgaon, Haryana – 122018. PAN: AAACU8404B (Applicant) (Respondent) Assessee by : Shri K.M. Gupta, Advocate; & Ms Supriya Mehta, CA Revenue by : Ms Priya Goel, Sr.DR Date of Hearing : 03.10.2025 Date of Pronouncement : 07.11.2025 ORDER PER ANUBHAV SHARMA, JM: This Miscellaneous Application has been filed by the Department u/s 254(2) of the Income-tax Act, 1961, seeking rectification of an error that has crept in the Tribunal order dated 14.06.2023 in as much as ITA No.2836/Del/2018 has not been dealt with in the order. Printed from counselvise.com Misc. Application No.449/Del/2023 2 2. It has been submitted in the Application that although on the first page of the consolidated order of the Tribunal, in the title of the order, ITA No 2836/Del/20l8 for the AY 2014-15 has been mentioned, on the body of the order, no decision on the assessee’s appeal in ITA No.2836/Del/2018 has been rendered. It was therefore, submitted that this mistake may be corrected. 3. On hearing both the sides, we find that admittedly the issues involved in this appeal has been decided in the common order as same were common to other appeal of the assessee, but an inadvertent mistake occurred in the order dated 14.06.2023, wherein details of ITA No.2836/Del/2018 in paras 2.3 and 2.4 of the order have not been completely reproduced. In view of admitted facts, paras 2.3 and 2.4 of the Tribunal order is amended as below by rectifying the mistake:- “2.3 The issue no 3, is the question of denial of deduction u/s 80-IAB of the Act, on income from car parking rentals on the allegation that they do not have direct nexus with the business carried on by the assessee. Raised in ITA no 7762 for AY 2012-13 of Entity 2, ITA no 3879 for AY 2014-15 of Entity 2, ITA no 7839 for AY 2011-12 of Entity 1, ITA no 7470 for AY 2013-14 of Entity l and ITA No 2836/Del/2018 for AY 2014-15 of Entity 1. 2.4 The issue no 4, is the question of denial of deduction u/s 80-IAB of the Act, on interest income on the allegation that they do not have direct nexus with the business carried on by the assessee. Raised in ITA no 7762 for AY 2012-13 of Entity 2, ITA no 3879 for AY 2014-15 of Entity 2, ITA no 7839 for AY 2011-12 of Entity 1, ITA no 7470 for AY 2013-14 of Entity l and ITA No 2836/Del/2018 for AY 2014-15 of Entity 1.” Printed from counselvise.com Misc. Application No.449/Del/2023 3 4. In the result, the Miscellaneous Application filed by the Department is allowed with para 2.3 and 2.4 being considered as above. Order pronounced in the open court on 07.11.2025. Sd/- Sd/- (S. RIFAUR RAHMAN) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 07th November, 2025. dk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi Printed from counselvise.com "