Bharat Heavy Electricals Ltd., New Delhi V. DCIT, Circle-2(1), New Delhi

MA 190/DEL/2021

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7958 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 5 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-04-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 22-02-2024
• Assessment Year: 2003-2004
• Appeal Filed On: 24-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 2; 13

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER MA Nos.190,191,192,193,194,195,196,197 & 198/Del/2021 Arising out of ITA Nos. 2207/Del/2006, 3366/Del/2007, 881/ Del/2010, 882/Del/2010, 2880/Del/2011, 6371/Del/2012, 1919/Del/2013, 5668/Del/2021 & 4297/Del/2017 Asstt. Years: 2003-04, 2004-05, 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 & 2011-12 O R D E R PER ASTHA CHANDRA, JM This Miscellaneous Application has been filed by the assessee seeking rectification of certain typographical and transcribing errors which are apparent from the record in the consolidated order dated 18.05.2021 in ITA Nos. 2207/Del/2006, 3366/Del/2007, 881/ Del/2010, 882/Del/2010, 2880/Del/2011, 6371/Del/2012, 1919/Del/2013, 5668/Del/2021 & 4297/Del/2017 pertaining to Assessment Years (“AYs”) 2003-04, 2004-05, Bharat Heavy Electricals Ltd. Corporate Finance, BHEL House, Siri Fort, New Delhi – 110 049 PAN AAACB4146P Vs. DCIT, Circle-2(1) New Delhi. (Appellant) (Respondent) Assessee by: Shri K. Sampath, Advocate Shri V. Rajkumar, Advocate Department by : Shri Sandeep Kumar Mishra, Sr. DR Date of Hearing 23.02.2024 Date of pronouncement 08.04.2024 MA Nos.190, 191, 192, 193,194,195, 196,197 & 198/Del/2021 Bharat Heavy Electricals Ltd. 2 2005-06, 2006-07, 2007-08, 2008-09, 2009-10, 2010-11 & 2011-12 respectively. 2. We have perused the order of the Tribunal dated 18.05.2021 (supra) and find that the factual discrepancies/errors pointed out by the Ld. AR are correct. Accordingly, the said typographical and transcription errors appearing in Tribunal’s order (supra) are hereby corrected as under: (i) PAN in the second box containing the cause title to the appeal(s) mentioned as AAACA6447N is replaced with “AAACB4146P”. Also, in the first box containing the cause title to the appeals in ITA No. 2207/Del/2006 (AY 2003-04) and ITA No. 3366/Del/2007 (AY 2004-05) “PAN AAACB4146P” is inserted. ii) On page 2 in para 1 second line of the order of the Tribunal (supra) which reads as “orders dated 24.03.2006, 20.04.2007, 30.12.2009, 31.03.2011, 15.10.2012,” is replaced with “orders dated 24.03.2006, 20.04.2007, 30.12.2009, 30.12.2009, 31.03.2011, 15.10.2012,...”. iii) On page 9 of the order of the Tribunal (supra) “ITA No. 5668/Del/2013(AY 2009-10)” mentioned therein is replaced with “5668/Del/2014 (A.Y.2010-11)”. iv) On page 10 in line 3 of para 5 the word “dates” is replaced with the word “debts”. v) On page 10 in line 4 of para 5 “2004-05” is replaced with “2012-13”. vi) On page 14 in line 3 of para 12 “ITA No. 1836/Del/2016” is replaced with “ITA No. 1836/Del/2006”. vii) On page 16 in line 8 of para 10 (mentioned in italics) “ground no. 3(a)” is replaced with “ground no. 1(a)”. MA Nos.190, 191, 192, 193,194,195, 196,197 & 198/Del/2021 Bharat Heavy Electricals Ltd. 3 viii) On page 16 in the first line of para 13 “Ground No. 10(d)” is replaced with “Ground No. 1(d)”. ix) On page 17 (in continuation of para 13) in line 4 “CBDT Circular No. 5.0.69” is replaced with “CBDT Circular No. S.O.69”. x) On page 19 in line 3 of para 19 “ITA No. 3619/Del/2019” is replaced with “ITA No. 3619/Del/1979”. xi) On page 19 in para 19 the case cited in point b) “CIT vs. Vishnu Industries Gases Pvt. Ltd. (Delhi) High Court) in ITA No. 229/1998 order dated 6/5/2008)” is replaced with “CIT vs. Vishnu Industries Gases Pvt. Ltd. (Delhi High Court) in ITA No. 229/1988 order dated 6/5/2008.” xii) On page 20 the last line of para 24 which reads as “Hence, Ground No. 7 is dismissed” is replaced with “Hence, Ground No. 7 is allowed.” xiii) On page 23 in the 7 th line of para 31 the word “executing” is replaced with the word “excluding”. xiv) On page 24 in the last line of para 33 “Ground No. 9(a)” is replaced with “Ground No. 9(c)”. xv) On page 25 in line 2 of para 40 the figure “4,087,22/-“ is replaced with “4,87,022/-”. xvi) On page 27 in Para 50 line 3 staring with the sentence “As regards Ground No. 2, the same is identical to that of Ground No. 6 of the assessee’s appeal in A.Y. 2003-04 and the same is already discussed hereinabove, hence, dismissed” is replaced with the following sentence: MA Nos.190, 191, 192, 193,194,195, 196,197 & 198/Del/2021 Bharat Heavy Electricals Ltd. 4 “As regards Ground No. 2 relating to allowability of lease equalization charges, the impugned issue is covered in favour of the assessee by the Apex Court’s decision in the case of CIT vs. Virtual Soft Systems Ltd. [2018] 404 ITR 409 (SC) and hence dismissed.” xvii) On page 27 in the 10 th line after the sentence “Hence, Ground No. 3 is dismissed.” The following line is inserted:- “Further as regards to Ground No. 2 & 3 of AY 2007-08, the same are identical to that of Ground no. 5 & 6 of Assessee’s appeal in AY 2003-04 and accordingly dismissed.” xviii) On page 27 in line 12 of para 50 after “ITA No. 1919/Del/2013”, “ITA No. 5668/Del/2014 and ITA No. 4297/Del/2017” is inserted. xix) On page 27 in line 12 of para 50 after “2009-10”, “2010-11 and 2011-12” is inserted. 4. In the result, the Miscellaneous Application of the assessee is allowed. Order pronounced in the open court on 8 th April, 2024. sd/- sd/- (G.S. PANNU) (ASTHA CHANDRA) VICE PRESIDENT JUDICIAL MEMBER Dated: 08/04/2024 Veena Copy forwarded to - 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT MA Nos.190, 191, 192, 193,194,195, 196,197 & 198/Del/2021 Bharat Heavy Electricals Ltd. 5 ASSISTANT REGISTRAR ITAT, New Delhi Date of dictation Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk 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