ACIT, Central Circle- 7, New Delhi V. Vikram Dhirani, New Delhi

MA 842/DEL/2019

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 300702 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-11-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 03-11-2022
• Assessment Year: misc
• Appeal Filed On: 20-07-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect; Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘F’ NEW DELHI BEFORE SHRI G.S. PANNU, PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER Miscellaneous Application No.842/Del/2019 (In ITA No.5616/del/2012) Assessment Year: 2014-15 Assistant CIT, Central Circle-07, New Delhi Vs. Shri Vikram Dhirani, D-1039, New Friends Colony, New Delhi PAN :AHTPD6528L (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: Captioned application has been filed by the Revenue seeking rectification/recall of order dated 23.08.2019 passed in ITA No.5616/Del/2017. 2. We have considered rival submissions and perused material on record. 3. It is the case of the Revenue that, though, the appeal was dismissed as a low tax effect case in terms with CBDT Circular No.17/2019 dated 08 th August Assessee by Shri P.C. Yadav, Adv. Respondent by Shri Om Prakash, Sr. DR Date of hearing 04.11.2022 Date of pronouncement 16.11.2022 2 S.A. No.842/Del/2019 2019, however, Revenue’s appeal is protected under paragraph 10(d) of CBDT Circular No.03/2018, as, the addition made in the assessment order is in relation to undisclosed interest earned by the assessee on a foreign bank account maintained with HSBC, Dubai. 4. Learned counsel appearing for the assessee fairly accepted the aforesaid factual position. 5. Considering the fact that Revenue’s appeal is protected under the exception provided under paragraph 10(d) of CBDT Circular No.03/2018 dated 20.08.2018, the appeal could not have been dismissed as a low tax effect case. There being a mistake apparent on the face of record under Section 254(2) of the Act while dismissing Revenue’s appeal due to low tax effect, we recall our order dated 23.08.2019 passed in ITA No.5616/Del/2017 and restore the appeal to its original position. 6. Registry is directed to post the appeal for hearing before the assigned Bench in regular course. 7. In the result, the miscellaneous application is allowed. Order pronounced in the open court on 16 th November, 2022. Sd/- Sd/- (G.S. PANNU ) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 16 th November, 2022. Mohan Lal 3 S.A. No.842/Del/2019 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 4 S.A. No.842/Del/2019 Sl. No. Particulars Date 1. Date of dictation (Order drafted through Dragon software): 10.11.2022 2. Date on which the draft of order is placed before the Dictating Member: 11.11.2022 3. Date on which the draft of order is placed before the other Member: 14.11.2022 4. Date on which the approved draft of order comes to the Sr. PS/PS: 15.11.2022 5. Date of which the fair order is placed before the Dictating Member for pronouncement: 15.11.2022 6. Date on which the final order received after having been singed/pronounced by the Members: 16 .11.2022 7. Date on which the final order is uploaded on the website of ITAT: 16.11.2022 8. Date on which the file goes to the Bench Clerk 16.11.2022 9. Date on which files goes to the Head Clerk: 10. Date on which file goes to the Assistant Registrar for signature on the order: 11. Date of dispatch of order: