ACIT, New Delhi V. Shri Bhawan Mohan Garg, New Delhi

MA 57/DEL/2020

AI Insights

The case involves the Income Tax Department (Revenue) and Shri Bhawan Mohan Garg, concerning an appeal that was inadvertently dismissed by the ITAT without consideration of the substantial tax effect involved, which amounted to Rs.84,16,739, exceeding the Rs.50 lakhs threshold prescribed by the CBDT Circular No.17/2019. The Revenue filed a Miscellaneous Application under section 254(2) of the Income Tax Act to recall the earlier order for a fresh hearing, which was granted by the Tribunal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115944 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 8 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-11-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 26-10-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 17-02-2020
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SAURABH SHARMA
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SH. PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER MA No.57/Del/2020 (Arising out of ITA No.2624/Del/2017) (Assessment Year : 2011-12) ACIT Circle – 32(1) New Delhi PAN No. AAHPG 2084 K Vs. Shri Bhawan Mohan Garg C-16, Green Park Extension, New Delhi (APPELLANT) (RESPONDENT) Assessee by Shri Saurabh Sharma, Adv. Revenue by Shri Manu Chaurasiya, Sr. D.R. Date of hearing: 27.10.2023 Date of Pronouncement: 02.11.2023 ORDER PER PRADIP KUMAR KEDIA, AM : The captioned Misc. Application under section 254(2) of the Act has been directed at the instance of the Revenue seeking to recall the appellate order of the ITAT in ITA No.2624/Del/2017 dated 28.08.2019. 2. As per Misc. Application dated 17.02.2020 filed under section 254(2) of the Act, the Revenue seeks to submit that the tax effect in the present case works out to Rs.84,16,739/- and thus exceeds the monetary threshold fixed by CBDT Circular No.17/2019 dated 08.08.2019 wherein the threshold limit for tax effect for summary dismissal of the Revenue appeal has been fixed Rs.50 lacks. MA No.57/Del/2020 ACIT vs. Shri Bhawan Mohan Garg 2 3. Learned DR thus submits that the order passed by the ITAT has summarily dismissed the appeal of the Revenue inadvertently without taking note of the fact that tax effect in the captioned Revenue appeal exceeds the monetary limits set out in the CBDT Circular. 4. The Learned Counsel for the Revenue fairly endorses the assertion made on behalf of the Revenue. 5. In the light of the discussions transpired, the appellate order of the Tribunal in ITA No.2624/Del/2017 dated 28.08.2019 is recalled for fresh hearing denovo in exercise of powers conferred under section 254(2) of the Act and direct the Registry to fix the captioned appeal for fresh hearing on 13.12.2023 in consultation with both the sides presents. Therefore, formal notice of hearing is dispensed with. 6. In the result, the Misc. Application filed by the Revenue stands allowed. Order pronounced in the open court on 02.11.2023 Sd/- Sd/- (ASTHA CHANDRA) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER Date:- 02.11.2023 Priti Yadav, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI