UNIVERSAL TRACTOR HOLDING LLC,USA V. DCIT,INTERNATIONAL TAXATION CIRCLE 3(1)(1), NEW DELHI

MA 21/DEL/2025

AI Insights

The case involves Universal Tractor Holding LLC, the appellant, who filed a miscellaneous application to recall an earlier Tribunal order concerning the assessment year 2019-20. The appellant contended that the Tribunal had failed to consider a crucial decision by the Hon'ble Supreme Court of India, which was cited in their paper book during the appeal. The respondent, DCIT International Taxation Circle-3(1)(1), opposed the application, arguing that the Tribunal's order should not be reviewed but could only be rectified for apparent mistakes. After considering the submissions, the Tribunal agreed with the appellant, acknowledging the oversight and allowing the recall of the order.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 788087 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-11-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: misc
• Appeal Filed On: 27-01-2025
• Other Referred Cases: Islamic Investment Co. V. Union Of India, Asst. Commissioner, Income tax, Rajkot v. Saurashtra Kutch Stock Exchange Ltd., Collector Cuttack and othrs v. Bharat Chandra Bhuyan
• Laws Referred To: Income Tax Act 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEERAJ KUMAR JAIN
• Assessee Lawyers: DURGESH SHANKER

Judgement Text

" 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI BEFORE SH. SUDHIR KUMAR, JUDICIAL MEMBER AND SH. MANISH AGARWAL, ACCOUNTANT MEMBER M.A.No. 21/Del/2025 In ITA no. 2216/Del/2022 Assessment Year: 2019-20 Universal Tractor Holding LLC 1013, Centre Road, New Castle Wilmington 19805 Delaware United States Of America PAN No.AACCU2669J Vs DCIT International Taxation Circle-3(1)(1), New Delhi -110002 (APPELLANT) (RESPONDENT) Appellant by Sh. Durgesh Shanker, Advocate Respondent by Sh. Neeraj Kumar Jain, Sr. DR Date of hearing: 14/11/2025 Date of Pronouncement: 28/11/2025 ORDER PER SUDHIR KUMAR, JM: This miscellaneous application has moved by the assessee to recall the order of this Tribunal dated 28.08.2024 in ITA No.2216/Del/2022 pertaining to A.Y.2019-20. Printed from counselvise.com 2 2. The contention of the assessee is that the Tribunal has not considered the decision of Hon’ble Supreme Court of India in the case of Islamic Investment Co. V. Union Of India , 2002(3) Mh.L.J. 555 which was pointed out in the paper book (Page no. 41-46), filed by the assessee. The decision has not been considered in the decision, is a prima facie error on the face of record, which may be rectified by the Tribunal under section 254(2) of the Income Tax Act 1961(in short “the Act”). The ld AR submitted that non consideration of the binding decision is patently an error apparent from the face of record. Thus, it is humbly prayed that the order may please be recalled. 3. The assessee has relied upon the following judgments: 1. Asst. Commissioner, Income tax, Rajkot v. Saurashtra Kutch Stock Exchange Ltd. (2006) 13 SCR 421 2.Collector Cuttack and othrs v. Bharat Chandra Bhuyan AIR 2015 (NOC) 379 4. The Ld. DR strongly objected the application and submitted that under Section 254(2) of the Act the apparent mistake of the fact may be rectified, but in this case the assessee wants to review the order of the Tribunal which is not permissible as per law. 5. We have given a thoughtful consideration to the contents of the miscellaneous application and the submissions of the Counsel. During the course of hearing the appeal the assessee Printed from counselvise.com 3 had filed the said decision, but was not appreciated by the tribunal, this amount to an error apparent from the face of record. Therefore the application filed by the assessee to recall the order and restore the appeal to its original number is allowed. Registry is directed to fix the appeal for hearing before the appropriate bench. 6. In the result, the miscellaneous application filed by the assessee is allowed. 7. Order pronounced in the open court on 28.11.2025. Sd/- Sd/- (MANISH AGARWAL) (SUDHIR KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER *SR BHATANAGGAR* Date:- 28.11.2025 Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT(Appeals) 5.DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Printed from counselvise.com "