The ITO-1, Khandwa V. M/s. R S P Real Estate, Khandwa

MA 23/Ind/2020

AI Insights

The case involves the Income Tax Department (Revenue) seeking to recall an earlier Tribunal order concerning M/s. RSP Real Estate for the Assessment Year 2016-17. The Revenue's application was initially challenged by the respondent on grounds of limitation, arguing that the application was filed beyond the permissible period. However, the Tribunal accepted the Revenue's affidavit confirming the date of receipt of the original order, which was within the limitation period as prescribed under section 254(2) of the Income Tax Act. The Tribunal found that the tax effect in the Revenue's appeal exceeded Rs. 50 lakhs, thus constituting an apparent mistake in the original order, leading to its recall.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 127208 (ITAT-INDORE)
• Duration Of Justice: 3 year(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 06-07-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 24-06-2020
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

आयकर अपील य अ धकरण, इंदौर यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI B.M. BIYANI, ACCOUNTANT MEMBER MA No.23/Ind/2020 (Arising out of I.T.A. No.714/Ind/2019) Assessment Year : 2016-17 ITO-1 Khandwa बनाम/ Vs. M/s. RSP Real Estate, Ramkrishnaganj Khandwa PAN No. : AAPFR 1699 K (Appellant) .. Respondent) Revenue by : Shri Ashish Porwal Sr. D.R Respondent by : Shri S.N. Agrawal, AR Date of Hearing 07.07.2023 Date of Pronouncement 07.07.2023 ORDER Per Vijay Pal Rao, JM: By way of this Misc. Application the revenue is seeking recalling of the order dated 21.08.2019 in respect of the ITANo.714/Ind/2019 for A.Y.2016-17. 2. Since the Misc. application was filed by the revenue on 25 th June 2020, therefore an objection was raised by the Ld. AR of the assesse respondent regarding the maintainability of the Misc. Application on the MA No.23/Ind/2021 RSP Real Estate Khandwa 2 - ground of limitation. The Bench directed the AO to file report/affidavit stating the date of receipt of the impugned order of the Tribunal. 3. Ld. DR has filed an affidavit of the AO wherein the AO has stated on oath that the order of the Tribunal dated 21 st August 2019 was received in the office of the Pr. CIT-2, Indore on 30.12.2019. The Ld. AR of the assesse has not disputed the statement made by the AO in the affidavit. 4. Accordingly, in view of the affidavit of the AO and the date of receipt of the impugned order of the tribunal in office of the Pr. CIT, Indore-2 on 30.12.2019 we find that Misc. Application filed by the department on 25 th June 2020 is within the period of limitation as prescribed u/s 254(2) of the Act. 5. We have heared the Ld. DR as well as Ld. AR and considered the relevant material on record. As regards the mistake in the impugned order so far as the appeal of the revenue in ITANo.714/Ind/2019 is concerned the tax effect in the said appeal of the revenue is more than Rs.50 lac and as per the details given the tax effect is Rs.83,26,000/-. Ld. AR of the assesse/respondent has not disputed this fact that tax effect in the revenue’s appeal is more than Rs.50 lac as provided in the CBDT circular 3/2018. Accordingly, we find that when the tax effect in the revenue’s appeal is more than Rs.50 lac then there is an apparent mistake in the impugned order of the Tribunal and the same is recalled. The appeal of the revenue is restored to its original number and stage for hearing and adjudication on merits. The registry is MA No.23/Ind/2021 RSP Real Estate Khandwa 3 - directed to list the appeal of the department for fresh hearing and adjudication on 10 th August 2023. Since the date of hearing of the appeal is pronounce in open court and has been noted by both the parties therefore, no separate notice issued in this respect. 6. In the result, Misc. appeal filed by the Revenue is allowed. Sd/- Sd/- ( B.M . BIYAN I) (VIJAY PAL RAO) ACCOUN TANT MEM BER JUDICIAL MEMBER Indore. Dated 07 /07 /2023 Patel. Sr. PS आदेश क त ल प अ े षत / Copy of Order Forwarded to:- 1. राज व / Revenue 2. आवेदक / Assessee 3. संबं धत आयकर आय ु "त / Concerned CIT 4. आयकर आय ु "त- अपील / CIT (A) 5. &वभागीय )*त*न ध, आयकर अपील य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड1 फाइल / Guard file. By order/आदेश से, S r . P r i v a t e S e c r e t a r y I . T . A . T . , I n d o r e Order in pronounced in Open Court on conclusion of hearing on 07/ 07/2023