Addl. CIT, New Delhi V. SRL Ltd., New Delhi

MA 287/DEL/2019

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 3577 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 1 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 08-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER MA NO.287/DEL/2019 ARISING OUT OF ITA NO.1294/DEL/2017 (ASSESSMENT YEAR 2012-13) ADDL.CIT, SPECIAL RANGE-8, NEW DELHI. VS. M/S. SRL LIMITED, PLOT NO.D3, A WING, 2 ND FLOOR, DISTRICT CENTRE, SAKET, NEW DELHI-110 017 PANAAACS 2809J (APPELLANT) (RESPONDENT) APPELLANT BY SH. AJAY KUMAR, SR. DR RESPONDENT BY NONE DATE OF HEARING 28.05.2021 DATE OF PRONOUNCEMENT 07.06.2021 ORDER PER SUDHANSHU SRIVASTAVA, JM: THIS MISCELLANEOUS APPLICATION HAS BEEN PREFERRED B Y THE DEPARTMENT SEEKING RECALL OF THIS TRIBUNALS ORDER DATED 27.09.2018 IN ITA NO.1294/DEL/2017, WHEREIN THE DEPARTMENTS AP PEAL WAS 2 MA NO.287/DEL/2019 ACIT VS. SRL LTD. DISMISSED IN LIMINE BY HOLDING THAT THE DISPUTED TAX WAS LESS THAN RS.20 LACS. 2.0 THE LD. SR. DEPARTMENTAL REPRESENTATIVE (DR) S UBMITTED THAT THE DISPUTED TAX WAS RS. 55,13,729/- AND, THERE FORE, THIS WAS A MISTAKE APPARENT FROM RECORD AND THE ORDER OF THE TRIBUNAL NEEDED TO BE RECALLED. 3.0 NONE WAS PRESENT ON BEHALF OF THE ASSESS EE RESPONDENT. HOWEVER, LOOKING INTO THE FACTS OF THE CASE, WE DEE M IT APPROPRIATE FOR HEARING THIS MISCELLANEOUS APPLICATION EX-PARTE QUA THE ASSESSEE RESPONDENT. 4.0 HAVING GONE THROUGH THE RECORDS, WE FIND THAT THE CONTENTION OF THE LD. DR THAT THE TAX EFFECT IS MOR E THAN 20 LACS IS CORRECT. IN FACT, THE TAX EFFECT IS MORE THAN RS.50 LACS AND, THEREFORE, THIS DEPARTMENTS APPEAL IS RECALLED FOR FRESH HEARING. WE, THEREFORE, RECALL THE APPEAL AND FIX THE DATE O F HEARING FOR 16 TH AUGUST, 2021. THE REGISTRY IS DIRECTED TO INTIMATE THE DATE OF HEARING TO BOTH THE PARTIES. 3 MA NO.287/DEL/2019 ACIT VS. SRL LTD. 5.0 IN THE FINAL RESULT, THE MISCELLANEOUS APPLICATION MOVED BY THE DEPARTMENT STANDS ALLOWED. ABOVE DECISION WAS ANNOUNCED ON 07/06/ 2021. SD/- SD/- (N.K. BILLAIYA) (SUDHANSHU SRIVASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 07/06/2021 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI