M/S EURO HOMES , COIMBATORE V. DCIT , CPC , BANGALORE

MA 6/CHNY/2023

AI Insights

The case involves M/s. Euro Home, the appellant, who sought the recall of a Tribunal order concerning the assessment year 2017-18. The appellant argued that receipts categorized as incentives, exhibition reimbursements, and interest on deposits were integral to their business activities and should not be assessed separately. These issues were part of the grounds of appeal that were allegedly overlooked in the initial Tribunal decision. The respondent in the case is the DCIT CPC, Bengaluru. The Tribunal's decision to recall the previous order was based on the oversight of these specific grounds in the initial adjudication.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 134065 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 16-02-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 08-01-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण ’सी/एस एम सी’ ायपीठ चे ई म । IN THE INCOME TAX APPELLATE TRIBUNAL ‘C/SMC’ BENCH, CHENNAI माननीय .ी मनोज कु मार अ2वाल ,लेखा सद6 के सम7। BEFORE HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM MA No.06/Chny/2023 (Arising out of ITA No.668/Chny/2022) ( िनधा=रणवष= / Assessment Year: 2017-18) M/s. Euro Home No.42, First Floor, Balaji Nagar K.R. Puram, New Siddhapudhur, Coimbatore – 641 044. बनाम/ V s. DCIT CPC, Bengaluru. थायीलेखासं./जीआइआरसं./P AN /GI R No. AAD F E -9 0 7 3 -G (अपीलाथ /Appellant) : ( थ / Respondent) अपीलाथ कीओरसे/ Appellant by : Ms. N.V. Lakshmi (C.A) for Shri N.V. Balaji (Advocate) – Ld. AR थ कीओरसे/Respondent by : Shri D. Hema Bhupal – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 17-02-2023 घोषणाकीतारीख /Date of Pronouncement : 17-02-2023 आदेश / O R D E R 1. By way of this Miscellaneous Petition, the assessee seeks recall of Tribunal order passed in captioned appeal on 19-09-2022. The Ld. AR submitted that the receipts in the nature of incentives, exhibition reimbursements and interest on deposits were in connection with business activity of the assessee and the same was not to be assessed separately. The Ld. AR submitted that this was the primary issue before the Tribunal as contained in Ground Nos. 2(b), 2(c) and 2(d) of grounds of appeal which remained to be adjudicated. The alternative plea was of MA No.06/Chny/2023 - 2 - double addition which was adjudicated. In the said background, Ld. AR pleaded for recall of the order. 2. After going through the order and after perusal of case records, I concur with the aforesaid submissions that ground nos. 2(b), 2(c) and 2(d) remained to be adjudicated whereas the alternative ground was adjudicated. Under these circumstances, I find that there is mistake apparent from record. Accordingly, the order dated 19-09-2022 stand recalled in toto and the appeal is restored back to its original status. The registry is directed to fix the appeal for hearing before regular bench in due course. 3. The misc. application stand allowed. Order pronounced on 17 th February, 2023. Sd/- (MANOJ KUMAR AGGARWAL) लेखा सद6 / ACCOUNTANT MEMBER चे+ई Chennai; िदनांक Dated : 17-02-2023 EDN EDNEDN EDN आदेशकीQितिलिपअ2ेिषत/Copy of the Order forwarded to : 1. अपीलाथ /Appellant 2. यथ /Respondent 3. आयकर आयु (अपील)/CIT(A) 4. आयकर आयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF