DCIT Central Circle- 12, New Delhi V. Ashwani Khurana, New Delhi

MA 165/DEL/2020

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 4779 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-12-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Delhi
• Assessment Year: 2007-2008
• Appeal Filed On: 29-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK KHURANA
• Keywords: Tax effect; Tax effect
• Section: 143(3)

Judgement Text

M.A. NO. 165/Del/2020 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “C” : DELHI ] BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER A N D SHRI M. BALAGANESH, ACCOUNTANT MEMBER Misc. App. No. 165/Del/2020 [ in आ.अ.सं/.I.T.A No. 5670/Del/2010 ] िनधाᭅरणवषᭅ/Assessment Year: 2007-08 DCIT, Central Circle : 12, New Delhi. बनाम Vs. Shri Ashwani Khurana, 5, Green Avenue, Vasant Kunj, New Delhi – 110 057. PAN No. AAEPK3731G अपीलाथᱮ /Appellant ᮧ᭜यथᱮ/Respondent िनधाᭅᳯरतीकᳱओरसे /Assessee by : Shri Ashok Khurana, C. A.; राज᭭वकᳱओरसे / Department by : Shri Vivek Upadhyay, Sr. D. R.; सुनवाईकᳱतारीख/ Date of hearing : 17/11/2023 उ᳃ोषणाकᳱतारीख/Pronouncement on : 07/12/2023 आदेश /O R D E R PER C. N. PRASAD, J. M. : 1. The Revenue filed the following documents along with letter dated 26.06.2020 purported to be the Miscellaneous application:- M.A. NO. 165/Del/2020 2 “To, The Assistant Registrar Hon'ble Income Tax Appellate Tribunal 10 Floor, Lok Nayak Bhawan Khan Market, New Delhi-110003. Sub: Filing of Miscellaneous Application in the case of Sh. Ashwani Khurana, 5, Green Avenue, Vasant Kunj, New Delhi, PAN:AAEPK3731G, A.Y. 2007-08 reg. Kindly find enclosed herewith the following documents in connection with filing of appeal in the above mentioned case. 1. Form No. 36 and Grounds of appeal Three certified copies 2. CIT (A)'s order Three Certified Copies 3. Order u/s 143(3) of the I.T. Act Three Certified Copies 4. Approval letter to file M.A. One original and two Certified Copies. Kindly acknowledge receipt. Yours faithfully. Enel: As above. Sd/- (Abhishek J. Jain) Assistant Commissioner of Income Tax Circle : 30 (1), New Delhui. “ 2. As could be seen from the above, none of these documents are relevant as there is no petition filed by the Revenue explaining as to how there is a mistake apparent on record crept in the order of the Tribunal. Therefore, at the thresh-hold these documents which were filed without any petition are liable to be rejected. M.A. NO. 165/Del/2020 3 3. On further perusal of Form 36 and grounds of appeal filed through letter dated 26.06.2020 which is said to be a Miscellaneous application, we notice that the Revenue is trying to say that the Tribunal dismissed the appeal of the Revenue observing that the tax effect is less than Rs.50,00,000/-, however, the tax effect is Rs.52,96,494/- which is more than Rs.50,00,000/-. 4. The ld. Counsel appearing for the assessee submitted the computation of tax effect in this case as under:- TAX EFFECT PARTICULARS AMOUNT (Rs.) Disputed addition Long Term Capital Gain Rs.1,55,82,508/- Tax effect on Rs.1,55,82,508/- Tax @ 20% Rs. 31,16,502/- Surcharge @ 10% Rs 3,11,650/- Education Cess @ 2% Rs. 68.563/- Rs. 34,96,715/- Rs.34,96,715/- 5. Referring to the above the ld. Counsel submits that the disputed addition in the assessment was relating to long term capital gains of Rs.1,55,82,508/- and the tax effect on the said addition comes to Rs.34,96,715/- and, therefore, the assertion of the Revenue that the tax effect in this case is Rs.52,96,494/- has no basis. M.A. NO. 165/Del/2020 4 6. We observe that except stating that the tax effect in this case is Rs.52,96,494/- the Revenue could not give any basis for arriving at the said tax effect. Therefore, apparently the tax effect as computed by the assessee shows that the Revenue effect in this case is less than Rs.50,00,000/- and, therefore, the Truibunal had rightly concluded and dismissed the appeal of the Revenue holding that the tax effect is less than Rs.50,00,000/-. Thus, we see no merit in the Miscellaneous application of the Revenue and the same is dismissed. 7. In the result, the Miscellaneous application filed by the Revenue is dismissed. Order pronounced in the open court on : 07/12/2023. Sd/- Sd/- ( M. BALAGANESH ) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 07/12/2023. *MEHTA* आदेश की Ůितिलिप अŤेिषत / Copy of Order Forwarded to:- 1. आवेदक / Assessee 2. राजˢ / Revenue 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ- अपील / CIT (A) 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, DELHI / DR, ITAT, DELHI M.A. NO. 165/Del/2020 5 6. गाडŊ फाइल / Guard file. By order ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 04.12.2023 Date on which the typed draft is placed before the dictating Member 05.12.2023 Date on which the typed draft is placed before the Other Member 07.12.2023 Date on which the approved draft comes to the Sr. PS/PS 07.12.2023 Date on which the fair order is placed before the Dictating Member for pronouncement 07.12.2023 Date on which the fair order comes back to the Sr. PS/PS 07.12.2023 Date on which the final order is uploaded on the website of ITAT 07.12.2023 Date on which the file goes to the Bench Clerk 07.12.2023 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order