ITO, Ward-2(3), Dehradun V. Sanjay Ghai, Dehradun

MA 51/DEL/2019

AI Insights

The case involves the Income Tax Department (Revenue) seeking to recall a Tribunal order due to the tax effect involved in the appeals for the assessment years 1997-98 and 2000-01 exceeding the monetary limit of Rs. Twenty lakhs as per the CBDT Circular No. 3 of 2018. The Tribunal initially dismissed the appeals based on this monetary limit. However, upon the Revenue's application, it was acknowledged that the tax effect did exceed the stipulated limit, leading to the recall of the Tribunal's earlier order and the restoration of the appeals to their original numbers for re-hearing.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 112946 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-11-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 20-10-2022
• Assessment Year: misc
• Appeal Filed On: 21-01-2022
• Laws Referred To: CBDT Circular No. 3 of 2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect

Judgement Text

1 MA no. 51/Del/2019 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G”: NEW DELHI BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER M.A. No. 51/Del/2019 ( In ITA No. 1925 & 1926/Del/2018) [Assessment Yrs: 1997-98 & 2000-01] Income-tax Officer, Ward-2(3), Dehradun. Vs Sh. Sanjay Ghai, 2, Guru Ram Rai Market, Delaram Bazar, Rajpur Road, Dehradun. PAN: ABIPG9612P APPELLANT RESPONDENT Assessee represented by: Sh. DeepeshGarg, Adv. Department represented by: Sh. PradeepGautam, Sr. DR Date of hearing 21.10.2022 Date of pronouncement 17.11.2022 O R D E R PER N. K. CHOUDHRY, JM: 2 MA no. 51/Del/2019 The Revenue Department has claimed and sought recalling of the Tribunal’s order dated 28.08.2018 passed in ITA nos. 1925 & 1926/Del/2018, pertaining to the assessment years1997-98 & 2000- 01, on the ground that the tax effect involved for A.Y. 1997-98 & 2000-01 is more than the monetary limit of Rs. Twenty lakhs as prescribed in CBDT Circular No. 3 of 2018 dated 11.07.2018 in force at the relevant point of time, for filling of the appeal before the Tribunal and therefore the Tribunal’s order dated 28.08.2018 passed in ITA nos. 1925 & 1926/Del/2018 is liable to be recalled. 2. The Ld. learned Authorized Representative of the Assesseedid not refute the factual aspects as claimed. 3. We have heard the parties and perused the material available on record. Looking to the fact that the tax effect involved in the instant appeals individually is more than Rs. Twenty lakhs, the order dated 28.08.2018 passed by the Tribunal to the extent qua aforementioned appeals is recalled and the appeals of the Revenue i.e. ITA nos. 1925 & 1926/Del/2018are restored to their original numbers. The Registry is directed to fix the appeals for hearing on 16/01/2023. The parties have been informed in open court qua date of hearing, hence no need to send the notices to the parties. 3 MA no. 51/Del/2019 5. Misc. application filed by the Revenue stands allowed accordingly. Order pronounced in open court on 17/11/22. Sd/- Sd/- (ANIL CHATURVEDI ) (N. K. CHOUDHRY) 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