Addi. CIT Spl. Range-8, New Delhi V. Shri Lal Mahal Ltd., New Delhi

MA 86/DEL/2020

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116438 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-07-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 13-07-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 27-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: SANJEEV AHUJA; PRINCE SETHI
• Keywords: Tax effect; Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘G’ NEW DELHI BEFORE SHRI G.S. PANNU, PRESIDENT AND SHRI SAKTIJIT DEY, VICE-PRESIDENT M.A. No. 86/Del/2020 (in ITA No. 4844/Del/2019 Assessment Year: 2014-15 Addl. CIT, Spcl. Range-8, New Delhi. Versus Shri Lal Mahal Ltd., B-16, Bhagwan Dass Nagar, East Punjabi Bagh, New Delhi. PAN: AAECS5326C (Appellant) (Respondent) Assessee by : Sh. Sanjeev Ahuja, AR & Sh. Prince Sethi, AR Revenue by : Sh. Sanjay Kumar, Sr. DR Date of hearing : 14.07.2023 Date of pronouncement: 31.07.2023 ORDER Present application has been filed by the Revenue seeking recall of order dated 23.08.2019 passed by the Tribunal in ITA No. 4844/Del/2019. 2. We have heard Shri Sanjeev Ahuja, learned Authorized Representative of the assessee and Shri Sanjay Kumar, learned Departmental Representative. 3. It is observed, the corresponding appeal of the Revenue, as referred to above, was dismissed by the Tribunal on account of low M.A. No. 86/Del/2020 2 tax effect in terms of CBDT Circular No. 17/2019 dated 08.08.2019. However, at the time of hearing of the present application, both the parties have agreed that the tax effect on the amount disputed by the Revenue in the corresponding appeal is actually Rs.69,64,246/-, hence, over and above the threshold limit of Rs.50,00,000/- as per CBDT Circular No. 17/2019 dated 08.08.2019. 4. In view of the aforesaid submissions of the parties, indeed, there is a mistake apparent on the face of record, as envisaged under section 254(2) of the Act, while dismissing the appeal. Accordingly, we recall the order dated 23.08.2019 passed in ITA No. 4844/Del/2019 and restore the appeal back to its original position. 5. With the consent of the parties, the appeal is now fixed for hearing on 14.09.2023 before the assigned Bench. Since, the date of hearing of appeal was announced in the open court in presence of both the parties, there is no need for issuing separate notice of hearing to the parties. 6. In the result, miscellaneous application stands allowed. Order pronounced in the open court on 31/07/2023. Sd/- Sd/- (G.S. PANNU) (SAKTIJIT DEY) PRESIDENT VICE-PRESIDENT Dated: 31.07.2023 *aks/-