ITO, WARD- 45(2), NEW DELHI V. BABBAL BHATIA, NEW DELHI

MA 682/DEL/2018

AI Insights

The case involves the Income Tax Department (Revenue) filing Miscellaneous Applications against an order of the Income Tax Appellate Tribunal (ITAT) which had previously allowed an appeal by the assessee, Babbal Bhatia, relying on a Delhi High Court judgment. The Revenue sought to challenge this decision, citing a Supreme Court judgment that they believed supported their position. However, the ITAT dismissed the MAs, stating that the Revenue had not demonstrated any mistake in the original order and that the MAs appeared to be an attempt to review the decision, which is not allowed under the specified section of the Income Tax Act.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 772939 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 10 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-09-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 01-11-2018
• Other Referred Cases: Govindaralulu Modallar v CIT(1958) 34 ITR 807 810 (SC), Ms. Mayawati
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MANISH GUPTA
• Keywords: Capital asset converted into stock in trade

Judgement Text

"M.A.Nos.682 to 684/Del/2018 Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “A-FRIDAY” BENCH: NEW DELHI BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER M.A.Nos.-682 to 684/Del/2018 [In ITA Nos.5430 to 5432/Del/2011] [Assessment Years : 2010-11 to 2012-13] ITO, Ward-45(2), New Delhi. vs Babbal Bhatia, D-45, Rajori Garden, New Delhi-110027. PAN-AVIPB7991A APPELLANT RESPONDENT Appellant by Shri Manish Gupta, Sr.DR Respondent by None Date of Hearing 19.09.2025 Date of Pronouncement 24.09.2025 ORDER PER MANISH AGARWAL, AM : The captioned Miscellaneous Applications (“MAs”) are filed by the Revenue against the order of Tribunal dated 08.06.2018 for the Assessment Years 2010-11 to 2012-13 respectively wherein Revenue has made following request:- “In this regard, it is submitted that in the above mentioned case, the assessee had filed an appeal before Hon'ble ITAT against Ld. CIT(A)-15 's orders dated 10.02.2017. The Hon'ble ITAT, Delhi vide order dated 08.06.2018 had allowed the appeal filed by the assessee, relying on the Hon'ble Delhi High Court judgment in the case of Ms. Mayawati. It is humbly submitted that the Hon'ble Supreme Court has clearly held that if an assessee fails to prove satisfaction, the source and nature of certain amount received during the accounting year, the assessing officer is entitled to draw the inference that the receipts are of an assessable nature, Govindaralulu Modallar v CIT(1958) 34 ITR 807 810 (SC). Further, in the last Para of the order, it is mentioned that the appeal of the assessee stands dismissed. In this Printed from counselvise.com M.A.Nos.682 to 684/Del/2018 Page | 2 context, it is difficult to determine whether the appeal of the assessee was allowed or dismissed. In view of above. Ld. Pr. CIT -15, has given approval for filing of miscellaneous application u/s 254(2) of the Income Tax Act, 1961 in the instant case vide letter F.No.Pr.CIT-Delhi-15/Judl./2018-19/111 dated 30.10.2018. Original approval sheet of the same mentioning grounds of appeal for filing MA is enclosed here with.” 2. At the time of hearing, no one attended the proceedings on behalf of the assessee. 3. Heard Ld.Sr.Dr and perused the material available on record. From the perusal of the M.As, as stated above, we find that the Revenue has not pointed out any mistake apparent on record and rather it appears that these M.As are filed for review of the order which is not permissible under section 254(2) of the Income Tax Act, 1961. 4. In view of the above facts, M.As filed by the Revenue for all the three years are dismissed. 5. In the result, captioned Miscellaneous Applications filed by the Revenue are dismissed. Order pronounced in the open Court on 24.09.2025. Sd/- Sd/- (YOGESH KUMAR U.S.) JUDICIAL MEMBER Date:- 24.09.2025 *Amit Kumar, Sr.P.S* (MANISH AGARWAL) ACCOUNTANT MEMBER Printed from counselvise.com M.A.Nos.682 to 684/Del/2018 Page | 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT 6. Guard File ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "