DCIT, Circle-3(1), New Delhi V. APL Apollo Tubes Ltd., New Delhi

MA 19/DEL/2020

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0875 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-10-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 11-05-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 21-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Reopening of assessment; Audit objection; Tax effect

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI C. N. PRASAD, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER MA No. 19/Del/2020 (In ITA No. 6942/Del/2018) (Assessment Year: 2010-11) DCIT, Circle-3(1), New Delhi Vs. M/s. APL Apollo Tubes Ltd, 37m, Hargobind Enclave, Vikas Marg, New Delhi (Appellant) (Respondent) PAN: AAACB0960D Assessee by : Sh. Somil Agarwal, Adv Sh. Deepesh Garg, Adv Revenue by: Sh. Bhopal Singh, Sr. DR Date of Hearing 09/06/2023 Date of pronouncement 10/10/2023 O R D E R PER M. BALAGANESH, A. M.: 1. By virtue of this miscellaneous application, the revenue seeks to recall the order passed by the tribunal in ITA No. 6942/Del/2018 dated 28.8.2019 for the Asst Year 2010-11. 2. The main grievance of the revenue is that the appeal has been wrongly dismissed by the tribunal by applying the low tax effect circular of CBDT , whereas the case squarely falls under the exception provided in the CBDT Circular in as much as the assessment was reopened based on the revenue audit objection raised in the case of the assessee. The ld. DR before us also placed on record the copy of audit objection which had apparently triggered the reopening of assessment for the Asst Year 2010-11. The ld. AR argued that the revenue had not proved the fact whether the audit MA No. 19/Del/2020 M/s. APL Apollo Tubes Ltd Page | 2 objection raised has been accepted by the department or not. We are unable to comprehend ourselves to accept to this argument of the ld. AR in view of the fact that the assessment is already reopened by the ld. AO pursuant to the raising of audit objection. That itself is a clear proof for acceptance of the audit objection. Accordingly, this is a fit case for recalling of the order passed by the tribunal in ITA No. 6942/Del/2018 dated 28.8.2019 for the Asst Year 2010-11. Registry is directed to fix this appeal for hearing on 14.11.2023 by issuing notices to both the parties. 3. In the result, the miscellaneous application of the revenue is allowed. Order pronounced in the open court on 10/10/2023. -Sd/- -Sd/- (C. N. Prasad) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 10/10/2023 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi