Ashok Agarwal, Agra V. A.C.I.T., Circle-1(1)(1), Agra

MA 10/AGR/2019

AI Insights

The case involves Shri Ashok Agarwal, the appellant, who filed a miscellaneous application under section 254(2) of the Income Tax Act, 1961, seeking rectification of a previous ITAT order. The application was prompted by the omission of adjudication on Grounds No.7 & 8 in the original appeal concerning the assessment year 2015-16. These grounds challenged the 10% disallowance of expenses amounting to Rs.48,09,780 claimed under section 54, which was confirmed by the CIT (A) on an adhoc basis. The Tribunal, upon review, acknowledged the oversight and agreed to recall the order to address these specific grounds.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113585 (ITAT-AGRA)
• Duration Of Justice: 4 year(s) 4 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 14-09-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 08-05-2019
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (AGRA BENCH ‘DB’ : AGRA) (THROUGH VIDEO CONFERENCE) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI ANUBHAV SHARMA, JUDICIAL MEMBER MA No.10/AGR/2019 (in ITA No.285/AGR/2018) (ASSESSMENT YEAR : 2015-16) Shri Ashok Agarwal, vs. ACIT, Circle 1 (1), 37, Bharatpur House, Agra. Agra. (PAN : AAMPA0709J) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Pankaj Gargh, Advocate REVENUE BY : Shri Shailendra Srivastava, Sr. DR Date of Hearing : 15.09.2023 Date of Order : 22.09.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : By way of this misc. application, assessee seeks rectification of mistaken apparent from record under section 254 (2) of the Income-tax Act, 1961 (for short 'the Act') in the order of this Tribunal passed in ITA No.285/Agr/2018 for the AY 2015-16 vide order dated 22.03.2019 in the case of Shri Ashok Agarwal. MA No.10/AGR/2020 2 2. The plea of the assessee is that Grounds No.7 & 8 have not been adjudicated by the Tribunal and pleaded that to that extent, the appeal may be recalled. 3. Upon careful consideration, we note that before the Tribunal, the assessee has taken Grounds No.7 & 8 in the grounds of appeal which read as under :- “7. Because the Ld. CIT (A) has wrongly, illegally and arbitrarily confirmed on adhoc basis 10% disallowance out of the expenses incurred Rs.48,09,780/- and claimed u/s 54 of the Income Tax Act out of the disallowance of Rs.25,00,000/- made by the Assessing Officer. 8. Because the adhoc disallowance of 10% by Ld. CIT (A) being arbitrary and on estimate basis only deserves to be deleted.” 4. Upon careful perusal of the order of the ITAT, we agree that the said grounds were not adjudicated. Ld. DR for the Revenue also agreed to the aforesaid proposition. Accordingly, we recall the order of the Tribunal only to the extent of adjudication of Grounds No.7 & 8 which have remained unadjudicated. 5. In the result, this misc. application filed by the assessee is allowed as above. Order pronounced in the open court on this 22 nd day of September, 2023. Sd/- sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 22 nd day of September, 2023 TS MA No.10/AGR/2020 3 Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A) 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.