Mekaster Finlease Ltd, New Delhi V. DCIT Circle-16(2), New Delhi

MA 103/DEL/2023

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 4352 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-01-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 04-01-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 21-02-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Accommodation entries; Bogus

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘E’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER MA NO.103/DEL/2023 (in ITA No.953/Del/2020) (Assessment Year: 2015-16) Mekaster Finlease Limited, vs. DCIT, Circle 16 (2), Jain Bhawan, 16/121-122, Faiz Road, New Delhi. Karol Bagh, New Delhi – 110 005. (PAN : AAACM0352N) (APPLICANT) (RESPONDENT) APPLICANT/ASSESSEE BY : Shri Amol Sinha, Advocate REVENUE BY : Shri Vivek Kumar Upadhyay, Sr. DR Date of Hearing : 05.01.2024 Date of Order : 10.01.2024 ORDER PER SHAMIM YAHYA, ACCOUNTATN MEMBER : By way of this misc. Application, applicant/assessee seeks rectification of mistake apparent on record in the order of the Tribunal in ITA No.953/Del/2020 for AY 2015-16 vide order dated 06.02.2023. 2. We have heard both the parties and perused the records. 3. Ld. Counsel of the assessee submitted that in paragraph 7, the ITAT has written that, “Ld. Counsel of the assessee submitted that assessee is not denying that assessee has been engaging in bogus accommodation entries.” 2 MA No.103/Del/2023 In this regard, ld. Counsel of the assessee contended that he has submitted that, “even if assuming that assessee is not denying that assessee has been engaging in bogus accommodation entries.” He pleaded that the first two lines of paragraph 7 may be replaced accordingly. 4. Upon careful consideration and perusing the records, we accept the request of the ld. Counsel of the assessee. The first two lines of paragraph 7 of the order are to be read as under :- “Ld. Counsel of the assessee submitted that even if assuming that assessee is not denying that assessee has been engaging in bogus accommodation entries.” 5. In the result, the misc. application is allowed as above. Order pronounced in the open court on this 10 th day of January, 2024. Sd/- sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 10 th day of January, 2024 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A) 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.