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

Last updated: 24 December 2020

Save Share

Quick Summary

The Income Tax Appellate Tribunal has recalled its previous order dismissing an appeal filed by the Revenue against M/s. Jay Metal Industries Pvt. Ltd. for the assessment year 2008-09. The Revenue argued that the appeal was dismissed on grounds of low tax effect, but the actual tax effect in this case exceeded the threshold, amounting to Rs. 10,83,779. The Tribunal agreed that there was a mistake apparent from the record and has allowed the miscellaneous application to recall the order.

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

FAQ :

The case involved a miscellaneous application by the Revenue to recall an order that had dismissed their appeal against Jay Metal Industries Pvt. Ltd. due to low tax effect.

The Revenue contended that the tax effect in their appeal was Rs. 10,83,779, which was above the threshold of Rs. 10 lakhs (prevailing at that time), and therefore, the appeal should not have been dismissed on grounds of low tax effect.

The Tribunal agreed that there was a mistake apparent from the record and allowed the Revenue's miscellaneous application, recalling the previous order.

The assessment year for this case is 2008-09.

No, the authorised representative for the assessee expressed no objection to the appeal being recalled.