RBRL Agro Commodities Ltd., New Delhi V. ACIT,Central Circle- 19, New Delhi

MA 6/DEL/2021

AI Insights

The case involves RBRL Agro Commodities Ltd., which filed Miscellaneous Applications under Section 254(2) of the Income-tax Act, 1961, seeking rectification of an order dated 14.08.2020 concerning the Assessment Years 2010-11 and 2011-12. The applications were based on the claim that certain bank statements, which were crucial to the case, were not available at the time of the search and were incorrectly stated to have been handed over by the assessee. The tribunal, after reviewing the submissions and the record, concluded that the previous findings were based on factual evidence and that the applications did not disclose any error apparent from the record.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129947 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-09-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 13-07-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 23-12-2020
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

MAs No.- 06 & 07/Del/2021 RBRL Agro Commodities Ltd. Page 1 of 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘F’: NEW DELHI) BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER MA Nos:- 06 Del/2021 & 07/Del/2021 (Arising Out of ITA Nos. 6678 & 6679/Del/2016) Assessment Years: 2010-11 & 2011-12 RBRL Agro Commodities Ltd., New Delhi. Vs. ACIT, Central Circle-19, New Delhi. PAN No: AADCR8630F APPELLANT RESPONDENT Assessee by : Shri Somil Agarwal, Adv. & Shri Deepesh Garg, Adv. Revenue by : Shri Anuj Garg Sr. DR Date of Hearing : 01.09.2023 Date of Pronouncement : 14.09.2023 ORDER PER ANUBHAV SHARMA, JM These Miscellaneous applications have been filed under Section 254 (2) of the Income-tax Act, 1961 (for short ‘the Act’) in the case of M/s RBRL Agro Commodities Ltd. vs. ACIT, Central Cirlce-19, New Delhi for Assessment Years 2010-11 and 2011-12 in ITA No. 6678-6679/Del/2016 sought to seek recall being rectification of the order dated 14.08.2020. MAs No.- 06 & 07/Del/2021 RBRL Agro Commodities Ltd. Page 2 of 4 2. Heard and perused the record. 3. The present applications u/s 254(2) of the Act, have been filed on recalled being rectification of the order dated 14.08.2020. The Ld. AR submitted that in the impugned departmental appeals, the issue involved was whether Ld. CIT(A) was justified in law in deleting the additions on the ground that there was no incriminating material relating to two additions and submitted that in the impugned order of Co-ordinate Bench has recorded the finding that the bank statements for AYs 2010-11 and 2011-12 were handed over by the assessee at the time of the search while recording of the statement u/s 132(4) of the Act and therefore, the matter was remitted back for the consideration as to whether or not there is any incriminating material in this case. It is submitted that bank statement were not furnished to the search team at the time of recording the statement and in fact these bank statements were not found / available at the time of search. It is submitted that there is no whisper that these bank statements were unearthed at the time of search. It was submitted that there is mistake apparent from record and as in the order this fact of handing over of the bank statement stands incorporated in para 9 to 12. 4.1 The Ld. DR however, submitted that the observations are in the nature of factual findings and cannot be considered to the error apparent from record. 5. Giving a thoughtful consideration to the matter of record, it comes up that Bench has observed in the matter in para 5 that Ld. DR had contended that assessee has handed over certain bank statements which established direct nexus of cash deposit. MAs No.- 06 & 07/Del/2021 RBRL Agro Commodities Ltd. Page 3 of 4 This fact has been reiterated in para 7. The Bench has given finding that while answering the question with reference to the cashbook, Mr. Sudesh Bansal has provided the copy of bank account which has collaborating value. Therefore, in the light of these statements, the Bench has remitted the matter back to the Ld. CIT(A) to consider the bank statement that were handed over by the assessee at the time of search and recording of the statement U/s 132(4) of the Act to reach a conclusion according to law. Ld. CIT(A) has also been directed to give opportunity of hearing to the assessee. The Bench is of considered view that the opinion formed by the Bench in delivering the judgement on 14.08.2020 is on the basis of factual finding arising out of the record as appreciated by the Bench. It is not a case of any error apparent from record but the matter requires travelling back to the Paper Book etc. to draw a different conclusion on the basis of evidence which is beyond the power of Section 254(2) of the Act. Even otherwise, the assessee has opportunity to establish the fact that no bank statement was part of the search before Ld. CIT(A). There is no substance and merit in the application and same is dismissed. Order pronounced in the Open Court on 14.09.2023 Sd/- Sd/- (N.K. BILLAIYA) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 14 /09/2023. Pooja/- MAs No.- 06 & 07/Del/2021 RBRL Agro Commodities Ltd. Page 4 of 4 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 06.09.23 Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk 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