ACIT, New Delhi V. Vikas Chain Co. Pvt. Ltd., New Delhi

MA 507/DEL/2017

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4338 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-05-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 31-08-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 MA No. 507/Del/2017 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER M.A. No. 507/Del/2017 In ITA no. 1678/Del/2014 [Assessment Year: 2009-10] Income-tax Officer, Ward-26(3), New Delhi. Vs M/s Vikas Chain Co. Pvt. Ltd., 2501/8, 1 st Floor, Guru Chamber, Beadonpura, Karol Bagh, New Delhi. PAN- AACCV0491M APPLICANT RESPONDENT Applicant by Sh. Deepesh Garg Adv. & Sh. Shrey Jain, Adv. Respondent by Sh. N.K. Bansal, Sr. DR Date of hearing 13.05.2022 Date of pronouncement 13.05.2022 O R D E R PER KUL BHARAT, JM: This miscellaneous application has been preferred by the Revenue, seeking recalling of the order dated 11.04.2017 passed by the ITAT Delhi Bench “D” in ITA no. 1678/Del/2014 for assessment year 2009-10. 2. Learned Sr. DR, appearing on behalf of the Revenue, submitted that before the Tribunal the Revenue had raised three grounds of appeal. Ground no. 3 was general and ground no. 2 was against deleting the addition of Rs. 10,66,381/- made by the Assessing Officer on account of provision for rate difference. Learned Sr. DR submitted that the Tribunal has disposed of ground no. 1, but ground no. 2 was not decided. Therefore, he submitted that there is a mistake, apparent from record, which needs to be rectified. 2 MA No. 507/Del/2017 3. Learned counsel for the assessee opposed the submissions of the learned Sr. DR. 4. We have heard rival submissions and perused the material on record. We find merit into the contention of the learned DR. The Tribunal while deciding the grounds of appeal, has missed to decide ground no. 2. Therefore, the order dated 11.4.2017 passed by the Tribunal in ITA no. 1678/Del/2014 is recalled to the extent of deciding ground no. 2. Rest of the finding of the Tribunal will remain the same. The Registry is directed to fix the hearing of appeal for deciding ground no. 2 of Revenue’s appeal in due course. 5. Misc. application filed by the Revenue stands allowed accordingly. This order was already pronounced orally on 13.05.2022 in open court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 12.07.2022. Sd/- Sd/- (PRADIP KUMAR KEDIA) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI