DCIT, New Delhi V. M/s OCL India Ltd., New Delhi

MA 216/DEL/2016

AI Insights

The case involves the Deputy Commissioner of Income Tax (DCIT), Circle 21(2), New Delhi, as the applicant, and M/s. OCL India Ltd., as the respondent. Initially, the Tribunal dismissed the Revenue's appeal in ITA No. 3768/Del/2015 on 23.12.2015, believing the tax effect was below Rs. 10,00,000. However, the Revenue later filed a Miscellaneous application stating the tax effect was actually Rs. 1.91 crores. Both parties agreed on this fact during the proceedings. Consequently, the Tribunal recalled its earlier order and scheduled a new hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129931 (ITAT-DELHI)
• Duration Of Justice: 6 year(s) 8 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-02-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 24-11-2022
• Assessment Year: 2008-2009
• Appeal Filed On: 05-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

MA. No. 216/Del/2016 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D” NEW DELHI BEFORE SHRI NARENDRA KUMAR BILLAIYA, ACCOUNTANT MEMBER A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER Misc. App. No. 216/Del/2016 [ in आ.अ.सं .I.T.A No. 3768/Del/2015 ] ( िनधाᭅरण वषᭅ/Assessment Year: 2008-09 ) DCIT, Circle : 21 (2), New Delhi बनाम Vs. M/s. OCL India Ltd., 17 th Floor, Narain Manzil Barakhamba Road, New Delhi – 110 001. PAN No. AAACO1354J अपीलाथŎ /Applicant ᮧ᭜यथᱮ/Respondent िनधाᭅᳯरतीकᳱओरसे /Assessee by : Ms. Alka Arren, C. A.; राज᭭वकᳱओरसे /Revenue by : Shri Jitendra Chand, Sr. D. R.; सुनवाईकᳱतारीख/ Date of hearing : 25/11/2022 उद्घोषणाकीतारीख/Pronouncement on : 13/02/2023 आदेश / O R D E R PER C. N. PRASAD, J. M. : 1. Through this Miscellaneous application the Revenue seeks to restore the order of the Tribunal in ITA. No. 3768/Del/2015 dated MA. No. 216/Del/2016 2 23.12.2015 which was disposed of by the co-ordinate bench on the ground that the tax effect in this appeal is less than Rs.10,00,000/-. In the Misc. application filed by the Revenue it was contended that the tax effect in the appeal of the Revenue is Rs.1.91 crores and not less than Rs.10,00,000/-. 2. The ld. Counsel for the assessee agreed with the contention of the Revenue. 3. On hearing both the parties and perusing the grounds of appeal we observe that the tax effect in this appeal is more than Rs.10,00,000/-. We observe that the appeal of the Revenue was dismissed by the Tribunal by order dated 23.12.2015 on the ground that the tax effect is less than Rs.10,00,000/-. As the Revenue effect in this appeal is more than Rs.10,00,000/- the order passed by the Tribunal in ITA. No. 3768/Del/2015 dated 23.12.2015 is hereby recalled. The Registry is directed to post this appeal for hearing on 21.02.2023 which date was announced in the open court and the parties have taken note of it. No separate notice will be sent to the parties. 4. In the result, the Misc. application filed by the Revenue is allowed. Order pronounced in the open court on : 13/02/2023. Sd/- Sd/- ( N. K. BILLAIYA ) ( C. N. PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated : 13/02/2023. MA. No. 216/Del/2016 3 *MEHTA* Copy forwarded to 1. Applicant; 2. Respondent; 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 10.02.2023 Date on which the typed draft is placed before the dictating member 10.02.2023 Date on which the typed draft is placed before the other member 13.02.2023 Date on which the approved draft comes to the Sr. PS/ PS 13.02.2023 Date on which the fair order is placed before the dictating member for pronouncement 13.02.2023 Date on which the fair order comes back to the Sr. PS/ PS 13.02.2023 Date on which the final order is uploaded on the website of ITAT 13.02.2023 Date on which the file goes to the Bench Clerk 13.02.2023 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