ADDL. CIT, SPECIAL RANGE-6, NEW DELHI vs. MMTC LTD., NEW DELHI

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ITA 5451/DEL/2017Status: DisposedITAT Delhi08 July 2021AY 2011-123 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found the Revenue's appeal to be improperly constituted due to the lack of clarity regarding which proceedings were being challenged and whether necessary approvals were obtained. Consequently, the appeal was dismissed.

What were the facts?

The Revenue filed an appeal challenging the CIT(A)'s order regarding the deduction of provision for earned leave. However, the grounds of appeal were unclear, referencing proceedings under section 154 of the Act while relying on material from original assessment proceedings under section 143(3).

What were the issues?

The primary issue was the lack of clarity and proper constitution of the Revenue's appeal, making it impossible to determine the specific proceedings being challenged and the validity of the grounds raised.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 154,Section 43B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI

Before: SHRI PRASHANT MAHARISHI & SHRI K.NARASIMHA CHARY

For Appellant: Ms Madhavi Sharma, advocate
Hearing: 8/7/2021
2.

Revenue however, based the grounds of appeal, though ostensibly challenging the orders passed under section 154 of the Act, but in fact placed reliance on the order dated 22,017 in appeal No. 626/15-16 passed by the learned Commissioner of Income Tax (Appeals)-6, Delhi in which the order of the learned Assessing Officer passed on 17/2/2017 under section 143(3) of the Act. No order relating to the proceedings under section 154 of the Act is to be found supporting the grounds of appeal. It is not known in respect of which proceedings the Revenue is really aggrieved to file this appeal, because grounds are challenging the proceedings under section 154 of the Act whereas the material filed in support of such grounds relate to entirely different proceedings. It is also not known in respect of which proceedings to challenge, the relevant approvals were obtained.

3.

In the circumstances, we find no justification to keep these proceedings pending because the Revenue is not clear whether they are challenging the original assessment proceedings under section 143 (3) of the Act or the proceedings under section 154 of the Act; and that in respect of which proceedings to challenge, the necessary approvals were obtained. Hence, the proceedings are closed by way of dismissal of this appeal granting leave to the Revenue to file fresh properly constituted appels after complying with the necessary legal formalities.

4.

Subject to the above observations, appeal of the Revenue is dismissed. Order pronounced in the open court on this the 8th day of July, 2021 immediately on conclusion of hearing over virtual mode.

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