DCIT, Parwanoo V. Sh. Rakesh Verma, Parwanoo

MA 31/CHANDI/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7053 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 3 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-08-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 05-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGRH BENCHES, SMC, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER MA NO. 31/CHD/2017 IN ITA NO. 1385/CHD/2016 ASSESSMENT YEAR: 2011-12 AND ITA 1385/CHD/2016 ASSESSMENT YEAR : 2011-12 THE DCIT, VS SHRI RAKESH VERMA,, CIRCLE PARWANOO. PLOT NO. 41, SECTOR-2, PARWANOO. PAN : AADPV5591N (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI HEMANT GUPTA, SR.DR RESPONDENT BY : NONE DATE OF HEARING : 27.07.2018 DATE OF PRONOUNCEMENT : 09.08.2018 ORDER BY THE PRESENT MISCELLANEOUS APPLICATION, THE REVENUE PRAY S FOR RECALL OF EX-PARTE ORDER DATED 25.01.2017 IN ITA 1385/CHD /2016 WHEREIN THE DEPARTMENTAL APPEAL WAS DISMISSED ON THE GROUNDS O F BEING BELOW THE TAXABLE LIMIT OF RS. 10 LACS. INVITING ATTENTION TO THE MISCELLAN EOUS APPLICATION FILED, IT WAS SUBMITTED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL WAS RS. 10,38,524/-. ACCORDINGLY, IT WAS H IS PRAYER THAT THE ORDER PASSED ON THE SAID DATE WAS ACTUALLY INCORRE CT AND IT WAS HIS PRAYER THAT IT MAY BE RECALLED. 2. NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. HOWEVE R, SINCE THE MISTAKE WAS APPARENT ON THE FACE OF THE RECORD ITSELF, IT WAS DEEMED APPROPRIATE TO PROCEED WITH THE APPLICATION EX-PARTE QUA THE ASSESSEE RESPONDENT ON MERIT. 3. ACCEPTING THE PRAYER OF THE LD. SR.DR CONSIDERING THE FA CTS ON RECORD, EXERCISING THE POWERS AS VESTED IN ME BY PROVISO TO RULE 24 OF THE ITAT RULES 1963, THE ORDER DATED 25.01.2017 IS RECALLED. SUPPORT IS DRAWN FROM THE DECISION OF THE HON'BLE DELHI HIGH COURT IN THE C ASE OF CIT VS ANSAL HOUSING CONSTRUCTION LTD. 274 ITR 131 (DEL). MA /31/CHD/2017 IN ITA 1385/CHD/2016 PAGE 2 OF 2 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENU E IS ALLOWED AND ITA 1385/CHD/2016 WAS REQUIRED TO BE ADDRESSED. ITA 1385/CHD/2016 5. THE LD. SR.DR CONSIDERING THE LIMIT OF RS. 20 LACS FIXED BY THE CBDT BY VIRTUE OF CIRCULAR NO. 3/2018 DATED 11.07.2018 FAIRLY CON CEDED THAT ADMITTEDLY IN THE FACTS OF THE PRESENT CASE, THE APPEAL O F THE REVENUE IS BELOW THE TAXABLE LIMIT OF RS. 20 LACS. AS FIXED BY THE CBD T CIRCULAR NO. 3/2018 DATED 11.07.2018. ACCORDINGLY, CONSIDERING THE FACTS , ITA 1385/CHD/2016 FILED BY THE REVENUE IS DISMISSED ON THE GR OUNDS OF LOW TAX EFFECT. SAID ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. 6. IN THE RESULT, M.A./31/CHD/2017 FILED BY THE REVENUE IS A LLOWED AND THE APPEAL NO. ITA 1385/CHD/2016 FILED BY THE REVENU E IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 09.08. 2018. SD/- (DIVA SINGH) JUDICIAL MEMBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.