ACIT, Central Circle- 26, New Delhi V. Shri Ram Hari Ram, Delhi

MA 2/DEL/2022

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 0115 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 18-04-2024
• Assessment Year: 2013-2014
• Appeal Filed On: 06-01-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANSHUL
• Assessee Lawyers: ASHOK KUMAR JAIN
• Keywords: Tax effect; Tax effect

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER MA No. 02/Del/2022 (In ITA No.7865/Del/2017) (Assessment Year: 2013-14) ACIT, Central Circle-26, New Delhi Vs. Shri Ram Hari Ram, 1658-59, Dariba Kalan, Chandini Chowk, New Delhi (Appellant) (Respondent) PAN: AADFS7036D Assessee by : Shri Ashok Kumar Jain, CA Revenue by: Shri Anshul, Sr. DR Date of Hearing 17/05/2024 Date of pronouncement 14/08/2024 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 this Tribunal in ITA No. 7865/Del/2017 dated 08.10.2021. 2. We have heard the rival submissions and perused the material available on record. We find that the original appeal was dismissed by this Tribunal on the ground of low tax effect by applying CBDT circular dated 08.08.2019. We find that an order u/s 154/143(3) of the Act had been passed by the ld AO on 15.06.2015 pursuant to which, there were only two additions that were made on account of GP on sales of Rs. 1,12,77,053/-. If these two figures are considered the tax effect is only Rs. 45,14,931/- which is also evident from the Income Tax computation sheet ITNS-150 dated 15.06.2015 given by the AO and placed on record. Hence, the tax effect involved in this disputed issue is less than Rs. 50 lakhs and the Tribunal was duly justified in dismissing the MA No. 02/Del/2022 Shri Ram Hari Ram Page | 2 appeal of the revenue on low tax effect. Accordingly, the miscellaneous application preferred by the revenue is devoid of merits. 3. In the result, the miscellaneous application of the revenue is dismissed. Order pronounced in the open court on 14/08/2024. -Sd/- -Sd/- (KUL BHARAT) (M BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 14/08/2024 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi