DCIT, Circle- 11(2), New Delhi V. Hindustan Thermal EPC Company Pvt. Ltd., New Delhi

MA 54/DEL/2020

AI Insights

The case involves the Revenue's application for recall/rectification of a previous order dismissing their appeal based on the tax effect being below Rs. 50,00,000. The Revenue contended that the actual tax effect on the disputed amount, which was Rs. 6,37,09,173, far exceeded the threshold, necessitating a recall of the earlier decision. The Tribunal, upon reviewing the facts and the submissions from both parties, agreed with the Revenue's position and decided to recall the earlier order and restore the appeal for further consideration.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 300737 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-02-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 09-02-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 16-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘I’ NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE PRESIDENT & SHRI SAKTIJIT DEY, JUDICIAL MEMBER Miscellaneous Application No. 54/Del/2020 ( Arising out of ITA No. 4135/Del/2017 ) Assessment Year: 2012-13 DCIT, Circle-11(2), New Delhi Vs. Hidustan Thermal EPC, 616A, (16A, Sixth Floor), Devika Tower. Nehru Place, New Delhi,1100 19 PAN :AADCD7323D (Applicant) (Respondent) ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: Captioned application has been filed by the Revenue seeking recall/rectification of order dated 23.08.2019 passed in ITA No.4135/Del/2017 on the ground that tax effect on the amount disputed by the Revenue is more than Rs.50,00,000. 2. We have heard the parties and perused the material on record. Department by Shri A.T. Panda, Advocates Respondent by Shri Jitender Chand, Sr. DR Date of hearing 10.02.2023 Date of pronouncement 10.02.2023 2 MA No. 54/Del./2020 3. Before us, learned Departmental Representative submitted that the quantum of relief granted by learned Commissioner (Appeals) which is disputed by the Revenue in the appeal amounts to Rs.6,37,09,173. Thus, he submitted, the tax effect on the amount disputed by the Revenue far exceeds the threshold limit of Rs.50,00,000. 4. Learned counsel appearing for the assessee fairly accepted the aforesaid factual position. 5. On perusal of material on record, we are convinced that tax effect on the amount disputed by the Revenue in the present appeal is more than Rs.50,00,000. Whereas, the appeal of the Revenue was dismissed on the ground that tax effect is less than Rs.50,00,000. Thus, in our view, there is a mistake apparent on the face of record. Accordingly, we are inclined to recall the order dated 23.08.2019 passed in ITA No. 4135/Del/2017 and restore the appeal to its original position. 6. Registry is directed to fix the appeal for hearing before the assigned Bench on 04.05.2023. Since, date of hearing of appeal was 3 MA No. 54/Del./2020 announced in the open court in presence of both the parties, there is no need for issuing separate notice of hearing to the parties. 7. In the result, the miscellaneous application is allowed. Order pronounced in the open court on 10 th February, 2023. Sd/- Sd/- ( G.S. PANNU ) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 10 th February, 2023. Mohan Lal Copy forwarded to: 1. Applicant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi