ACIT, CC- 1, NEW DELHI V. AMRAPALI LEISURE VALLEY DEVELOPERS PVT. LTD., NEW DELHI

MA 221/DEL/2020

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 5382 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-11-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 09-11-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 07-09-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK KUMAR UPADHYA
• Keywords: Tax effect; Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘A’ NEW DELHI BEFORE SHRI G.S. PANNU, VICE-PRESIDENT AND SHRI SAKTIJIT DEY, VICE-PRESIDENT Miscellaneous Application No.221/Del/2020 (In ITA No.4328/Del/2017) Assessment Year: 2012-13 ACIT, Central Circle -1, New Delhi Vs. Amrapali Leisure Valley Developers Pvt. Ltd., 307, 3 rd Floor, Nipun Tower, Community Centre, Karkarduma, Delhi-1100 92 PAN :AAICA5576A (Appellant) (Respondent) ORDER Captioned application has been filed by the Revenue, seeking recall of the appellate order dated 28.03.2019 passed in ITA No. 6551 4328/Del/2017. 2. When the matter was called for hearing, none appeared on behalf of the assessee despite notice. Therefore, we proceed to dispose of the Department by Shri Vivek Kumar Upadhya, Sr. DR Assessee by N o n e Date of hearing 10.11.2023 Date of pronouncement 10.11.2023 2 M.A. No.221/Del/2020 application ex parte qua the assessee after hearing learned Departmental Representative. 3. We have heard learned Departmental Representative and perused the material available on record. It is the case of the Revenue that the appeal was erroneously dismissed on account of low tax effect, though, the appeal was filed with reference to disallowance of Rs.6,53,268. However, the tax effect is not quantified in the year under consideration as per paragraph 4 of Circular No.3/2018 dated 11.07.2018 issued by Central Board of Direct Taxes (CBDT). 4. Having considered the submissions of learned Departmental Representative and perused the material on record, we are not convinced with Revenue’s claim that the tax effect is not quantified. It is very much clear that the dispute in the corresponding appeal is vis- à-vis the disallowance of Rs.6,53,268 made on account of bogus purchase/expenditure. Therefore, the tax effect on the amount disputed in the appeal is very much quantifiable and is below the monetary limit of Rs.50,00,000. That being the case, the appeal was correctly dismissed in view of CBDT Circular No. 17/2019 dated 08.08.2019. Therefore, we are of the view that there is no mistake apparent on the 3 M.A. No.221/Del/2020 face of record necessitating recall of the appellate order. The present application, being totally misconceived, deserves to be dismissed. Accordingly, we do so. 5. In the result, miscellaneous application is dismissed. Order pronounced in the open court on 10.11.2023. Sd/- Sd/- ( G.S. PANNU ) (SAKTIJIT DEY) VICE-PRESIDENT VICE-PRESIDENT Dated: 10 th November, 2023 Mohan Lal Copy forwarded to: 1. Applicant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi