Hyundai Rotem Company, Delhi V. ACIT (International Taxation), New Delhi

MA 367/DEL/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6770 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I2
• Assessment Year: 2011-2012
• Appeal Filed On: 30-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2 (Friday)”: NEW DELHI BEFORE RAMA KANTA PANDA, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER (Through Video Conferencing) MA No. 367/Del/2018 (In ITA No. 510/Del/2016 (Assessment Year: 2011-12) M/s. Hyundai Rotem Company, N-36, IIIrd Floor, South Extn, Park No. 1, New Delhi-110049 PAN: AABCK6367L Vs. ACIT, Circle-2(1)(1), New Delhi (Appellant) (Respondent) Assessee by : Shri Salil Kapoor, Adv Shri Tarun Chanana, Adv Revenue by: Shri Kanv Bali, Sr. DR Date of Hearing 03/12/2021 Date of pronouncement 08/12/2021 O R D E R PER C.N. PRASAD, J. M. 1. Through this miscellaneous application, the assessee prays for modification of the order of the tribunal dated 22.11.02017 stating that there is mistake apparent on record in recording the statement of the ld counsel in para 6 of the order. The ld counsel for the assessee referring to para 6 of the tribunal’s order stated that the tribunal recorded that “ld AR for the taxpayer to cut short his arguments contended that he only presses relevant grounds no. 3, 12 &14 and all other grounds are academic and general in nature”. The ld counsel submits that this statement of fact recorded by the tribunal is an apparent mistake as the counsel had not stated in the course of hearing that he is pressing only Page | 2 ground Nos. 3, 12 and 14. Ld counsel for the assessee submits that during the course of hearing what has been stated is that if the tribunal adjudicate ground Nos. 3, 12 and 14 in favour of the appellant the other grounds need not be adjudicated and all other grounds would become academic and general in nature. The ld counsel submits that an affidavit of the Finance Manager of the assessee company who was assisting him and present on 05.10.2017 when the matter was heard was also placed on record deposing the fact that on his instruction the ld counsel had stated that if ground Nos. 3, 12 and 14 are adjudicated in favour of the appellant then the other grounds need not be adjudicated, as there will be no addition left and other grounds will be academic including the issue of comparables. On the other hand the ld DR submits that there is no mistake apparent on record in the finding of the tribunal in its order dated 22.11.2017. 2. We have heard rival submissions and perused the order of the Tribunal. The tribunal in its order at para 6 observed as under:- “6. At the outset, ld. AR for the taxpayer to cut short his arguments contended that he only presses relevant grounds no. 3, 12 & 14 and all other grounds are academic and general in nature.” We have also perused the record before us including the grounds of appeal. The record before us do not suggest that the ld counsel had stated that he is pressing only ground No. 3, 12 and 14 and there is no endorsement to that extent. We find that there is mistake apparent on the record in recording wrong finding of the fact that ld AR contended that he is only pressing ground Nos. 3, 12 and 14. Hence, we modify para 6 of the order of the tribunal and the same shall be read as under:- Page | 3 “ At the outset the ld AR for the taxpayer to cut short his argument contended that if ground Nos. 3, 12 and 14 are adjudicated in favour of the appellant then other grounds need not be adjudicated as there will be no addition left and all other grounds would become academic and general in nature.” 3. With these modifications this miscellaneous application is disposed off accordingly. Order pronounced in the open court on 08/12/2021. -Sd/- -Sd/- (RAMA KANTA PANDA) (CHALLA NAGENDRA PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 08/12/2021 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi