DCIT, New Delhi V. Super Belts Pvt. Ltd., New Delhi

MA 533/DEL/2018

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9209 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 20-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AJAY BHAGWANI
• Keywords: Search and seizure; Document seized; Tax effect
• Section: 254(2)

Judgement Text

Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “E”–‘Friday’ : NEW DELHI ] BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (Through Video Conferencing) Misc. App. No. 533/Del/2018. [ in ITA. No. 1078/Del/2015 ] (Assessment Year : 2009-10) DCIT, Central Circle : 32, New Delhi. Vs. M/s. Super Belts Pvt. Ltd., M – 11, Middle Circle, Connaught Circus, New Delhi – 110 001. PAN: AAGCS3368G (Applicant) (Respondent) Assessee by : Shri Ajay Bhagwani, C. A.; Department by : Shri M. Bernwal, Sr. D. R.; Date of Hearing : 05/11/2021 Date of pronouncement : 05/11/2021 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This Misc. application is filed by the ld. Assessing Officer in ITA. No. 1078/Del/2015 dated 27 th March, 2018 for assessment year 2009-10. 2. The Miscellaneous application is as under:- ”Sub: Miscellaneous Application 254(2) of I. T. Act, 1961 with respect to order of the Hon’ble ITAT in ITA No. 1078/Del/2015 dated 27.03.20185 for A.Y. 2009-10 in the case of M/s Super Belt Pvt. Ltd. - Regarding. Kindly refer to the above. 2. In this regard, the present Miscellaneous Application may be filed u/s 254(2) of the Income Tax Act, 1961 against the Hon’ble ITAT’s order ITA No. 1078/Del/2015 dated 27.03.2018 for A.Y. 2007-08 in the case of M/s Super Belt Pvt. Ltd. 3. The decision of the Hon’ble ITAT is not acceptable, as the ITAT did not examine the terms of collaboration agreement and facts of the case and did not consider the incrimination documents seized during the search operation. Page | 2 4. During the Search and Seizure operation in the group of BPTP several incriminating documents were seized by the Department and the Hon’ble ITAT may decide the issues in this matter after examination of the seized material on record. The Hon’ble ITAT is the final fact-finding authority and was required to go into the reasons for paying the interest on PDCs to the vendors. 5. In view of the above, it is therefore earnestly requested to accept the Misc. Application on the issue Interest paid to Vendors on Post Dated Cheques (PDCs), of the Revenue in the due interest of justice. “ 3. The argument is that the collaboration agreements were not considered as incriminating document seized during the course of search operation and, therefore, there is an error in the order of the co-ordinate bench. 4. The ld. DR as well as the ld. AR were heard. 5. We find that the co-ordinate bench has passed the order on 27 th March, 2018 holding that the tax effect in the above appeal is less than Rs.10,00,000/- (as prevailing on that date). The matter is not decided on the merits. The Misc. application of the Assessing Officer does not show that the appeal filed by the ld. Assessing Officer is above the amount of tax limit or it falls under any of the explanation. Accordingly, we do not find any merit in the application. 6. Accordingly the Misc. application is dismissed. Order pronounced in the open court on : 05/11/2021. Sd/- Sd/- ( KUL BHARAT ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 05/11/2021. *MEHTA* Copy forwarded to : 1. Applicant; 2. Respondent 3. CIT 4. CIT (Appeals) 5. DR: ITAT Page | 3 ASSISTANT REGISTRAR ITAT, New Delhi Date of dictation 05.11.2021 Date on which the typed draft is placed before the dictating member 05.11.2021 Date on which the typed draft is placed before the other member 05.11.2021 Date on which the approved draft comes to the Sr. PS/ PS 05.11.2021 Date on which the fair order is placed before the dictating member for pronouncement 05.11.2021 Date on which the fair order comes back to the Sr. PS/ PS 05.11.2021 Date on which the final order is uploaded on the website of ITAT 05.11.2021 date on which the file goes to the Bench Clerk 05.11.2021 Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the order