Addl. CIT, New Delhi V. M/s. Parsons Brinckerhoff India (P) Ltd., New Delhi

MA 48/DEL/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3812 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-06-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 06-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘F’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR US, JUDICIAL MEMBER MA No.48/Del/2020 (In ITA No.6651/Del/2016) Assessment Year: 2011-12 Addl. CIT Special Range-7 New Delhi Vs. Parsons Brinckerhoff India (P) Ltd., 3 rd Floor, A-Wing, IFCI Tower, 61, Nehru Place, New Delhi-110019 PAN No.AACCP3729L (APPELLAN (RESPONDENT) Appellant Sh. Akhilesh Gupta, SR. DR Respondent None Date of hearing: 24/06/2022 Date of Pronouncement: 24/06/2022 ORDER PER N.K. BILLAIYA, AM: This Miscellaneous Application by the revenue is directed towards the order of this Tribunal in ITA No. 6651/Del/2016 order dated 20.08.2019 pertaining to A.Y. 2011-12. 2. The solitary issue raised by the revenue is that the Tribunal erred in dismissing the appeal of the revenue holding that the tax 2 effect in the disputed demand is less than Rs. 50 lacs. It is the say of the DR that the tax effect in the impugned appeal is more than Rs. 50 lacs and, therefore, a mistake has crept in the order of the Tribunal which need to be rectified. 3. None appeared on behalf of the assessee inspite of notice. We decided to proceed exparte. 4. We have carefully considered the order of this Tribunal the disputed addition and the tax thereon is as under :- 5. A perusal of the above clearly shows that the total tax effect is more than Rs. 50 lacs. Therefore, a rectifiable mistake has crept in the order of this Tribunal which need to be rectified u/s. 254 (2) of the Act. We, therefore, recall the order of this Tribunal in ITA No.6651/Del/2016 and direct the registry to list the appeal for hearing on 27.09.2022 and issue a notices to the parties. 3 6. In the result, the miscellaneous application filed by the revenue is allowed. Decision announced in the open court on 24.06.2022. Sd/- Sd/- (YOGESH KUMAR US) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- .06.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 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 file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order