SNS Constructions P.Ltd, Panipat V. ITO, Ward-4, Panipat

MA 413/DEL/2022

AI Insights

The case involves SNS Constructions p. Ltd., the appellant, seeking rectification of a previous ITAT order concerning the assessment year 2014-15. The appellant contended that an additional ground regarding the taxability of Rs. 14,26,220, which was security deposits on which tax was deducted but did not form part of the income, was not considered in the original ruling. The Departmental Representative opposed the submissions. The Tribunal decided to recall the earlier order to address the overlooked additional ground.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 112936 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 19-01-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 07-12-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

1 MA No. 413/Del/2022 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER M.A. No. 413/Del/2022 [ in ITA No. 4013/DEL/2019] [Assessment Year: 2014-15] SNS Constructions p. Ltd., C/o Anil kumar, Adv. 1727, Sector-12, HUDA, Panipat-132103 PAN- AANCS1254Q Vs Income-tax Officer, Ward-4, Panipat. APPELLANT RESPONDENT Assessee represented by Shri Sunil Khurana, Adv. Department represented by Shri Sanjay Kumar, Sr. DR Date of hearing 20.01.2023 Date of pronouncement 16.02.2023 O R D E R PER KUL BHARAT, JM: This is an misc. application by the assessee, seeking rectification of the order dated 29.04.2022 passed by the ITAT Delhi Bench SMC in ITA no. 4013/Del/2019 for A.Y. 2014-15, on the ground that the assessee had filed additional ground. 2. Learned counsel for the assessee submitted that the Tribunal has not considered the additional ground. He further reiterated the submissions as made in the application. 3. Learned DR opposed the submissions. 2 MA No. 413/Del/2022 4. The issue relates to the taxability of Rs. 14,26,220/- on the basis that no tax was deducted. However, the assessee had furnished a certificate dated 18.12.2021 stating that this amount represented security deposits on which tax was deducted but that did not form part of the income of the assessee. Therefore, looking to the totality of facts, the order dated 29.4.2022 is hereby recalled to the limited purpose to adjudicate the additional ground taken by the assessee vide letter dated 24.03.2022. 5. The Registry is directed to fix the appeal for hearing in due course after issuing notices of hearing to the parties. 6. Misc. application filed by the assessee is allowed. Order pronounced in open court on 16 th February, 2023. Sd/- (KUL BHARAT) JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI