M/s. Prakash Industries Ltd., New Delhi V. Addl. CIT, Hisar

MA 15/DEL/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3399 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 21-07-2022
• Assessment Year: 2006-2007
• Appeal Filed On: 15-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AAYUSHI GUPTA
• Keywords: Tax effect; Right to appeal; Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER Miscellaneous Application No.15/Del/2020 (ITA No.349/Del/2010) Assessment Year: 2006-07 M/s Prakash Industries Ltd., Nr. IOCL Depot, Najafgarh-Bijwasan Road, Bijwasan, New Delhi. PAN: AABCP6765H Vs Addl. CIT, , Special Range, Hisar. (Applicant) (Respondent) Assessee by : Ms Aayushi Gupta, CA Revenue by : Shri Kanav Bali, Sr. DR Date of Hearing : 22.07.2022 Date of Pronouncement : 28.07.2022 ORDER PER C.M. GARG, JM: Vide this Miscellaneous Application u/s 254(2) of the IT Act, the assessee requests the recall of the Tribunal order passed by the in ITA No.349/Del/2010, dated 26.09.2019, for rectification of the mistake apparent on record in the said order. MA No.15/Del/2020 2 2. We have heard the arguments of both the sides and carefully perused the relevant material placed on the record of the Tribunal. The ld. Authorized representative of the assessee drew our attention towards the Tribunal order dated 26.09.2019 and submitted that the Departmental appeal in ITA No.1001/Del/2010 for AY 2006-07 was dismissed on account of low tax effect and, simultaneously, the appeal of the assessee in ITA No.349/Del/2010 for the same AY 2006-07 was also dismissed by the same Tribunal order (supra) by observing, “Since we have already dismissed the appeal of the Revenue on tax effect, therefore, the grounds raised by the assessee on the same issue has become infructuous and the same is dismissed.” The ld. AR submitted that the assessee has a statutory right to appeal irrespective of the amount involved in the appeal before the Tribunal, therefore, the grounds No.1 and 2 raised by the assessee in its appeal should have been adjudicated and the same could not be treated as infructous only because the appeal of the Revenue was dismissed on account of low tax effect. 3. Replying to the above, the ld. Sr. DR, in all fairness, submitted that the Department has no serious objection if it is found just and proper and necessary to restore the appeal of the assessee for adjudication of the grounds raised by it in Form No.36. 4. On careful consideration of the above submissions, we are inclined to agree with the contention of the ld. AR that merely because the appeal of the Revenue have been dismissed on account of low tax effect, the grounds of the assessee even MA No.15/Del/2020 3 pertaining to the same issue cannot be held as infructuous. Therefore, we deem it just and proper to recall the Tribunal order dated 26.09.2019 to a limited extent pertaining to the appeal of the assessee in ITA No.349/Del/2010 for AY 2006-07 only. The Tribunal order pertaining to the Departmental appeal in ITA No.1001/Del/2010 is not being recalled. 5. On conclusion of the hearing, as agreed by the learned representatives of both the sides, the next date of hearing in ITA No.349/Del/2010 for AY 2006-07 before the regular Bench is hereby fixed for 11.10.2022. Consequently, issuance of notice for the next date of hearing is dispensed with. 6. In the result, the Miscellaneous Application filed by the assessee is allowed. Order pronounced in the open court on 28.07.2022. Sd/- sd/- (PRADIP KUMAR KEDIA) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28 th July, 2022. dk Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi