M/s. Gupta & Co. Pvt. Ltd., New Delhi V. DCIT, New Delhi

MA 128/DEL/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5201 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2007-2008
• Appeal Filed On: 24-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 147; 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “FRIDAY-F” BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER & DR.B.R.R.KUMAR, ACCOUNTANT MEMBER M.A.No.-128/Del/2019 [In ITA No.728/Del/2016] [Assessment Year : 2007-08] M/s. Gupta & Co.P.Ltd., 68, Scindia House, Connaught Place, New Delhi-110001. PAN-AAACG1978N vs DCIT, Central Circle-18, New Delhi. APPELLANT RESPONDENT Appellant by Ms. Mansi Bansal, CA Respondent by Sh. Mrinal Kumar Das, Sr.DR Date of Hearing 07.01.2022 Date of Pronouncement 11.02.2022 ORDER PER KUL BHARAT, JM : This Miscellaneous Application has been filed by the assessee seeking recalling of the order passed by the Tribunal in ITA No.728/Del/2016 pertaining to Assessment Year 2007-08 vide order dated 11.09.2018 wherein cross-objection No.149/Del/2016 filed by the assessee was also dismissed. 2. Ld. Counsel for the assessee submitted that the appeal of the Revenue was dismissed on account of low tax effect following Circular No.3 of 2018 dated 11.07.2018 issued by CBDT and cross objection filed by the assessee was also dismissed, treating the same as left with academic discussion only. 2 | P a g e 3. Ld.Sr.DR opposed these submissions and submitted that no fruitful purpose will be served in view of the fact that the assessee has been successful before Ld.CIT(A) in respect of the quantum addition. 4. We have heard the rival contentions and perused the material available on record. We find that the Tribunal had dismissed the cross-objection by observing as under:- 4. “Learned Counsel for the Assessee in C.O.No.359/Del/2016 seeks permission to withdraw the same. The same is dismissed as withdrawn. C.O.No.94/Del./2018 has been filed in support of the-Order of the Learned CIT(A). C.O.No.1088/Del./2018 is also filed in support to the Order of the Learned CIT(A) and C.O.No.149/Del/2016 is filed in support of the Order of the Learned CIT(A). C.O.No.61/Del/2018 is also filed in support of the Order of the Learned CIT(A). In these cross-objections, the respective assessees have challenged the initiation of proceedings under section 153A or 147 of the I.T. Act, 1961. Since the addition on merit have been deleted by the learned CIT(A), the Departmental Appeals are dismissed as below tax effect. Therefore, the cross objections are left with academic discussion only. None is also present on behalf of the assessee, therefore, these cross-objections are dismissed.” 5. It is seen from the record that the cross-objection was dismissed in the absence of the assessee. Therefore, we are of the considered view that in the interest of principle of natural justice and to sub-serve the substantive interest of justice, the assessee is given an opportunity to make submissions regarding cross-objection. Thus, we recall the order dated 11.09.2018 in ITA No.728/Del/2016 to the extent of deciding the cross-objection of the 3 | P a g e assessee on merit. Registry is directed to fix the hearing of cross-objection of the assessee in due course. 6. In the result, the Miscellaneous Application filed by the assessee is allowed. Order pronounced in the open Court on 11th February, 2022. Sd/- Sd/- (DR.B.R.R.KUMAR) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER * Amit Kumar * Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI