ITO, New Delhi V. M/s. NSR Farms Pvt. Ltd., New Delhi

MA 137/DEL/2018

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3093 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-08-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 16-06-2022
• Assessment Year: 2004-2005
• Appeal Filed On: 14-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 54EC

Judgement Text

1 MA no. 137/Del/2018 ITO Vs. M/s NSR Farms (P) Ltd. IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I”: NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER M.A. No. 137/Del/2018 (In M.A. No. 50/Del/ /2016) ( In ITA No. 4807/DEL/2012) [Assessment Year: 2004-05 Income-tax Officer, Ward-13(1), New Delhi Vs M/s N.S.R. Farms (P) Ltd., 606, Chiranjiv Tower, 61, Nehru place, New Delhi-19 APPLICANT RESPONDENT Applicant by : Sh. Sanjay Kumar, Sr. DR Respondent by : Sh. Lalit Mohan, CA Date of hearing : 05.08.2022 Date of pronouncement : 26.08.2022 O R D E R PER NARENDER KUMAR CHOUDHRY, JM: The Revenue-Department has filed the instant misc. application, arising out of ITA No. 4807/Del/2012 for the following relief: “The above said MA No. 50/Del/2016 (in ITA no. 4807/Del/2012) filed by the Assessee may kindly be quashed on the ground that the Assessee was not entitled for the exemption u/s 54EC as it has never raised this ground during the course of assessment proceedings before AO neither during A.Y. 2004-05 nor during A.Y. 2000-01.” 2. Heard the parties and perused the material available on record. From the prayer of the Revenue-Department it reflects that the Revenue-Department has sought quashing of MA No. 50/Del/2016. 2 MA no. 137/Del/2018 ITO Vs. M/s NSR Farms (P) Ltd. 2.1 In fact by way of misc. application the Revenue-Department is aggrieved with the order dated 3.10.2017 passed in MA No. 50/Del/2016, arising out of ITA no. 4807/Del/2012, whereby the application of the Assessee was allowed by recalling the order dated 30.11.2016 passed in ITA no. 4807/Del/2012 for the limited purpose of adjudicating the additional ground of appeal, which remained un- adjudicated by the Coordinate Bench of the Tribunal. 2.2 It is a fact that after passing the order in MA No. 50/Del/2016, the Coordinate Bench of the Tribunal vide order dated 3.4.2018 has already adjudicated the additional ground raised by the Assessee and restored the claim qua eligibility for exemption u/s 54EC of the Act as involved in the said additional ground, to the file of the Assessing officer for verification. 2.3 The Assessing officer vide order dated 31.8.2018 u/s 254/143(3) of the Act, by adjudicating the issue qua 54EC of the Act has given appeal effect. 2.4 Against the said order dated 31.08.2018 of the AO, the Assesseealso preferred an appeal before the learned Commissioner, who vide order dated 15.4.2019 dismissed the same. 2.5 The Assessee being aggrieved with the said order dated 15-04-2019, also preferred an appeal i.e. ITA no. 4918/Del/2019 before the Tribunal and during the pendency of the same, settled the dispute under Vivad Se Viswas Scheme, 2020 and consequently the Coordinate Bench vide order dated 15.4.2021 in ITA no, 4918/Del/2019, dismissed the said appeal by treating“Dismissed as withdrawn”. 3 MA no. 137/Del/2018 ITO Vs. M/s NSR Farms (P) Ltd. 3. As the eventual dispute has already been settled and no grievance as on today stands active, therefore in the aforesaid peculiar facts and circumstances, the misc. application has become infructuous and deserves dismissal, hence we are inclined to dismiss the same. 4. In the result, Department’s misc. application stands dismissed as infructuous. Order pronounced in open court on 26.08.2022. Sd/- Sd/- (ANIL CHATURVEDI) (NARENDER KUMAR CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI