ACIT, Central Circle- 26, New Delhi V. Jayanti Dalmia, New Delhi

MA 135/DEL/2020

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0476 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-10-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 26-10-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 18-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIVEK K. UPADHYAYA
• Assessee Lawyers: SAURABH SHARMA
• Keywords: Tax effect
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI BEFORE SHRI G.S. PANNU, VICE-PRESIDENT AND SHRI SAKTIJIT DEY, VICE-PRESIDENT M.A. Nos. 134, 137, 135 & 136 /Del/2020 (in ITA Nos.6545, 6546, 6547 & 6548/Del/2027) Assessment Years: 2008-09, 2009-10, 2010-11 & 2011-12 ACIT, Central Circle-26, New Delhi. Versus Jayanti Dalmia, 2 nd Floor, Indraprakash Building, 21, Barakhamba Road, New Delhi. PAN:AADPD9437D (Appellant) (Respondent) Assessee by : Sh. Saurabh Sharma, Advocate Revenue by : Sh. Vivek K. Upadhyaya, Sr. DR Date of hearing : 27.10.2023 Date of pronouncement: 27.10.2023 ORDER Captioned applications have been filed by the Revenue seeking rectification/recall of order dated 23.08.2019 passed in ITA Nos. 6545, 6546, 6547 & 6548/Del/2017 for the assessment years 2008- 09, 2009-10, 2010-11 and 2011-12. 2. Before us, it is the submission of the Revenue that the appeals of the Revenue were dismissed on account of low tax effect by relying upon CBDT Circular No. 17/2019 dated 08.08.2019. However, M.A. Nos. 134, 137, 135 & 136 /Del/2020 2 it is submitted, since, the dispute in the appeals relates to additions made under section 69 of the Income-tax Act, 1961, on account of money kept in foreign bank account, i.e., HSBC, Switzerland, the appeals fall within the exceptions to the aforementioned CBDT Circular. Thus, it is submitted, Revenue’s appeals have been erroneously dismissed on account of low tax effect. Therefore, the appeal order should be recalled and the appeals be decided on merits. 3. Learned counsel appearing for the assessee could not controvert the contention of the Revenue that the corresponding appeals fall within the exceptions provided to CBDT Circular No. 17/2019 dated 08.08.2029. 4. Having heard the parties and perused materials on record, we find that the dispute arising in the aforesaid appeals relates to addition of undisclosed income held in foreign bank account. Therefore, the appeals fall within the exceptions provided to extant CBDT Circular referred to above. However, relying upon the said Circular, Revenue’s appeals have been dismissed due to low tax effect. Thus, in our view, there is mistake apparent on the face of record necessitating recall of the appeal order. Accordingly, we recall the appeal order under reference and restore the appeals to their original position. 5. Registry is directed to fix the appeals for hearing on 26.12.2023. Since the date of hearing of appeals was announced in M.A. Nos. 134, 137, 135 & 136 /Del/2020 3 the open court in presence of both the parties, issuance of further notice of hearing to the parties is hereby dispensed with. 6. Miscellaneous applications stand allowed. Order pronounced in the open court on 27/10/2023. Sd/ Sd/- (G.S. PANNU) (SAKTIJIT DEY) VICE-PRESIDENT VICE-PRESIDENT Dated: 27.10.2023 *aks/-