DCIT, Central Circle, Gurugram V. Frost Falcon Distelleries Ltd, New Delhi

MA 230/DEL/2021

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7938 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-04-2024
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 22-02-2024
• Assessment Year: 2006-2007
• Appeal Filed On: 20-12-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: BINDAL
• Keywords: Tax effect; Tax effect

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER MA Nos. 230 & 231/Del/2021 Arising out of ITA Nos. 7711 & 7712/Del/2018 Asstt. Years: 2006-07 & 2007-08 O R D E R PER ASTHA CHANDRA, JM This Miscellaneous Application has been filed by the Revenue seeking revival/ recall of the consolidated order dated 30.07.2021 for the assessment years (“AY”) 2006-07 and 2007-08 in ITA Nos. 7711 & 7712/Del/2018. 2. The Ld. DR submitted that the Hon’ble Tribunal had dismissed the above appeals of the Revenue as non maintainable on account of low tax effect in the light of CBDT Circular No. 17/2019 dated 08.08.2019. 3. The Ld. DR submitted that the Ld. Assessing Officer (“AO”) had erroneously calculated the tax effect as Rs. 46,96,800/- for AY 2006-07 and DCIT, Gurgaon. Vs. Frost Falcon Distelleries Ltd., C-654, New Friends Colony, Delhi PAN AAACF0434C (Appellant) (Respondent) Assessee by: Shri V,K, Bindal, CA Ms. Rinki Sharma, ITP Department by : Shri Sandeep Kumar Mishra, Sr. DR Date of Hearing 23.02.2024 Date of pronouncement 09.04.2024 MA Nos.230 & 231/Del/2021 DCIT vs. Frost Falcon Distelleries Ltd. 2 Rs. 49,44,000/- for AY 2007-08. However, the correct tax effect is Rs. 51,16,320/- for AY 2006-07/- and Rs. 53,85,600/- for AY 2007-08. He therefore prayed to revive the appeals of the Revenue. 4. The Ld. AR opposed the Miscellaneous Application for the reason that the Revenue had itself earlier calculated the tax effect to be below the prescribed limits for maintainability of its appeals. 5. We have heard the Ld. Representatives of the parties, considered their submission and perused the records. The Ld. DR has submitted the correct tax effect calculations forming part of the Miscellaneous Application(s) for both the years. It is evident therefrom that there was an inadvertent error made by the Ld. AO. The appeals of the Revenue are maintainable considering the correct tax effect in view of the aforesaid CBDT circular. We, therefore, recall the order dated 30.07.2021 in ITA Nos. 7711 & 7712/Del/2018 for 2006-07 and 2007-08 and direct the registry to fix the appeal for hearing on 04.04.2024. The parties have been informed. 6. In the result, Miscellaneous Application(s) of the Revenue for AY 2006- 07 and 2007-08 are allowed. Order pronounced in the open court on 9 th April, 2024. Sd/- sd/- (G.S. PANNU) (ASTHA CHANDRA) VICE PRESIDENT JUDICIAL MEMBER Dated: 09/04/2024 Veena Copy forwarded to - 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi MA Nos.230 & 231/Del/2021 DCIT vs. Frost Falcon Distelleries Ltd. 3 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