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“miscellaneous application”

AppealsSection 254(2)Section 254(2)1,501 judgments

The decision most relied on for miscellaneous application is 254(2) of the Act. In Honda Siel Power Products Ltd. v. CIT (295 ITR 466), cited in 35 judgments on BharatTax.

Leading authorities on miscellaneous application

Judgments citing miscellaneous application

Savla Buildwell LLP, Mumbai vs. National Faceless Appeal Centre, Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 2065/MUM/2022[2012-13]Status: DisposedITAT Mumbai06 Oct 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2065/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Savla Buildwell Llp बिधम/ Ito, Ward-33(3)(3) 6.52, Mahavir Nagar, Near Kautilya Bhawan, Vs. Ganesh Kripa Society, Mumbai-400020. Ekta Nagar, Opp Bharat Petrol Pump, Link Road, Kandivali (West), Mumbai- 400067. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Absfs9884P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Smt. Himani Jain Revenue By: Shri Prakash Kishinchandani (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 22/09/2023 घोषणा की तारीख /Date Of Pronouncement: 06/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Llp Against The Order Of The Ld.Cit(A)/Nfac Dated 13.06.2020 For Ay 2012-13. 2. At The Outset, It Is Noted That This Tribunal Had Dismissed The Appeal Of The Assessee In The First Round As Not Maintainable, Since The Assessee Omitted To File The Grounds Of Appeal As Well As It Was An Ex-Parte Order Qua Assessee Dated 23.12.2022. However, The Assessee Preferred Miscellaneous Application (Ma) Against The Order Passed By The Tribunal Dated 23.12.2022 & The Tribunal Was Pleased To Recall The Order, Since The Tribunal Order Was An Ex-Parte Order.

For Appellant: Smt. Himani JainFor Respondent: Shri Prakash Kishinchandani (Sr
Section 250Section 250(6)

omitted to file the grounds of appeal as well as it was an ex-parte order qua assessee dated 23.12.2022. However, the assessee preferred Miscellaneous Application (MA) against the order passed by the Tribunal dated 23.12.2022 and the Tribunal was pleased to recall the order, since the Tribunal order

ACIT(OSD), Ward-22(1), New Delhi vs. S.S. Gas Lab Asia P. Ltd., Delhi

In the result, cross objection of the assessee is allowed and appeal of the revenue is dismissed

ITA 3246/DEL/2019[2008-09]Status: DisposedITAT Delhi05 Oct 2023AY 2008-09

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaacit(Osd), Vs. S. S. Gas Lab Asia P. Ltd, Ward-22(1), A-6/3, Jhilmil Industrial Area, New Delhi Shahdara, Delhi (Appellant) (Respondent) Pan: Aakcs1928C Co No. 54/Del/2023 (In Ita No. 3246/Del/2019) (Assessment Year: 2008-09) Acit(Osd), Vs. S. S. Gas Lab Asia P. Ltd, Ward-22(1), A-6/3, Jhilmil Industrial Area, New Delhi Shahdara, Delhi (Appellant) (Respondent) Pan: Aakcs1928C Assessee By : Shri Sanjay Kumar Bindal, Ca Revenue By: Shri Anuj Garg, Sr. Dr Date Of Hearing 03/10/2023 Date Of Pronouncement 05/10/2023 O R D E R Per M. Balaganesh, A. M.: 1. The Appeal In Ita No. 3246/Del/2019 Filed By The Revenue & Co No. 54/Del/2023 387/Del/2021 Filed By The Assessee For Ay 2008-09, Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals)-8, New Delhi [Hereinafter Referred To As „Ld. Cit(A)‟, In Short] In Appeal No. 10208/16-17 Dated 08.02.2019 Against The Order Of Assessment Passed U/S 147/143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As „The Act‟) Dated 09.03.2016 By The Assessing Officer, Ito, Ward-22(1), New Delhi (Hereinafter Referred To As „Ld. Ao‟).

For Appellant: Shri Sanjay Kumar Bindal, CAFor Respondent: Shri Anuj Garg, Sr. DR
Section 10BSection 139(1)Section 139(5)Section 143(3)Section 147Section 148

involved in the appeal was less than the monetary limit prescribed by the CBDT Circular for preferring appeal before this tribunal. Later revenue preferred miscellaneous application before this tribunal on the ground that the case falls under the exception to the aforesaid CBDT Circular. At this juncture, the assessee ... original Form 36 filed by the revenue, grounds of appeal of the revenue, Tribunal Order disposing of the appeal of the revenue and miscellaneous application filed by the revenue. Since the main appeal of the revenue was already disposed by this tribunal, the assessee could not file any cross objection