DCIT, New Delhi M/s Jay Metal Industries Pvt. Ltd., New Delhi

Last updated: 24 December 2020

Court :
ITAT New Delhi

Brief :
This Miscellaneous application is filed by the ld. Assessing Officer in ITA. No. 1945/Del/2011 wherein appeal filed by the Revenue for Assessment Year 2008-09 was dismissed on account of low tax effect prevailing as on that date of Rs.10 lakhs. The Revenue says that in the present case the tax effect is more than Rs.10 lakhs i.e. Rs. 10,83,779/- which is more than thresh-hold of Rs.20 lakhs. Therefore, it was submitted that there is a mistake apparent from record and the order deserves to be recalled.

Citation :
ITA. No. 1945/Del/2011

INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH “Friday”: NEW DELHI

BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER
A N D
SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
(Through Video Conferencing)

M.A. No. 251/Del/2016
( in ITA. No. 1945/Del/2011 )
(Assessment Year: 2008-09)
&
ITA. No. 1945/Del/2011
(Assessment Year: 2008-09)

ACIT,
Ward : 13 (3)
New Delhi
(Applicant)

Vs.

M/s. Jay Metal Industries
Pvt. Ltd.,
E–48/4, Okhla Indl. Area,
Phase–II,
New Delhi – 110 020.
PAN: AAACJ1748B
(Respondent)

Assessee by : Shri Sumit Lal Chandani, Adv.;
Revenue by: None
Date of Hearing 16/10/2020
Date of pronouncement 21/12/2020

O R D E R

PER PRASHANT MAHARISHI, A. M.

1. This Miscellaneous application is filed by the ld. Assessing Officer in ITA. No. 1945/Del/2011 wherein appeal filed by the Revenue for Assessment Year 2008-09 was dismissed on account of low tax effect prevailing as on that date of Rs.10 lakhs. The Revenue says that in the present case the tax effect is more than Rs.10 lakhs i.e. Rs. 10,83,779/- which is more than thresh-hold of Rs.20 lakhs. Therefore, it was submitted that there is a mistake apparent from record and the order deserves to be recalled.

2. At the time of hearing, none appeared on behalf of the ld. Assessing Officer. However, ld. AR appeared on behalf of the assessee, who expressed no objection if the I. T. Appeal is recalled.

3. In view of the above facts as the co-ordinate bench dismissed the appeal of the Revenue holding that tax effect in that case is more than Rs.10 lakhs as prevailing on that date, therefore, there is a mistake apparent from the record and hence the impugned order is recalled.

4. Thus Miscellaneous application of revenue is allowed.

To know more in details find the attachment file