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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

Krushna Prasad Mohanty, Jagatsinghpur vs. DCIT Circle-1(1), Cuttack

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 146/CTK/2023[2017-18]Status: DisposedITAT Cuttack27 Jun 2023AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.146/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) Krushna Prasad Mohanty, Vs Dcit, Circle-1(1), Cuttack Village : Iswarpur, Po: Balikuda, Dist : Jagatsinghpur Pan No. :Bgtpm 2823 F (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Natabar Panda, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 27/06/2023 घोषणा की तारीख/Date Of Pronouncement : 27/06/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 23.03.2023, Passed In Din & Oder No.Itba/Nfac/S/250/2022- 23/1050056853(1), For The Assessment Year 2017-2018. 2. It Was Submitted By Ld Ar That The Ld Cit(A) Was Not Justified In Confirming The Order Of Ao Without Granting Reasonable Opportunity Of Hearing To The Assessee. It Was Also Submitted That The Ld.Cit(A) Dismissed The Appeal Of The Assessee On The Ground Of Delay Of 167 Days In Filing The Appeal. It Was Submitted By The Ld. Ar That The Delay In Filing The Appeal Before The Ld. Cit(A) Was Caused Due To Lockdown During The Period Of Pandemic Covid-19. Accordingly, Ld. Ar Submitted That The 2 Delay May Be Condoned & The Assessee May Be Allowed One More Opportunity To Furnish All The Evidences For Disposal Of The Appeal.

For Appellant: Shri Natabar Panda, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR

also lockdown during the COVID-19 overcame the time limit to file the appeal in prescribed time limit. The Hon’ble Supreme Court in Miscellaneous Application No.665 of 2021 in SMW(C) No.3 of 2020 had taken Suo Motu cognizance of the difficulties that might be faced by the litigants

Magnesita Refractories Pvt. Ltd, Mumbai vs. Dy. CIT CPC, Bengaluru

In the result, the the Miscellaneous Application of the Revenue is of the Revenue is allowed, whereas the the appeal of the assessee is dismissed

ITA 186/MUM/2022[2017-18]Status: DisposedITAT Mumbai20 Jun 2023AY 2017-18

Bench: Shri Kuldip Singh () & Shri Om Prakash Kant () M.A. No. 70/Mum/2023 (Arising Out Of Ita No. 186/Mum/2022) Assessment Year: 2017-2018 Ito-10(2)(3), M/S Magnesita Refractories Room No. 212, Aayakar Pvt. Ltd., Vs. Bhavan, M.K. Road, Room No. 604C, Neelkanth Mumbai-400020. Business Park, Opp. Railway Station, Vidyavihar (West) Mumbai-400086. Pan No. Aahcm 1962 H Appellant Respondent Assessment Year: 2017-2018 M/S Magnesita Refractories Dcit, Centralized Pvt. Ltd., Processing Centre, Vs. Room No. 604C, Neelkanth Bengaluru-560 500. Business Park, Opp. Railway Station, Vidyavihar (West) Mumbai-400086. Pan No. Aahcm 1962 H Appellant Respondent Assessee By : Neelam Jadhav/Devang Shah Revenue By : Ms. Richa Gulati, Dr Date Of Hearing : 26/05/2023 : Date Of Pronouncement 20/06/2023

For Appellant: Neelam Jadhav/Devang ShahFor Respondent: Ms. Richa Gulati, DR
Section 254(2)

70/Mum/2023 & ITA No. 186/Mum/2022 ORDER PER OM PRAKASH KANT, AM PER OM PRAKASH KANT, AM By way of this Miscellaneous By way of this Miscellaneous Application, the Revenue is , the Revenue is seeking rectification/ tion/recall of the order of the Tribunal dated recall of the order of the Tribunal dated ... received by the Pr. CIT-2, Mumbai Mumbai Mumbai on on on 20.09.2022 20.09.2022 20.09.2022 and and and therefore, therefore, therefore, the the the Miscellaneous Application filed on 20.01.2023 is well within the filed on 20.01.2023 is well within the limitation limitation period for filing the miscellaneous application

ACIT 2(3), Mumbai vs. Tech Mahindra Ltd ( Formerly Knowna S Mahindra British Telecom Ltd), Mumbai

In the result the appeal of the assessee is allowed and the appeal of the revenue is dismissed

ITA 2041/MUM/2010[2005-06]Status: DisposedITAT Mumbai20 Jun 2023AY 2005-06

Bench: Shri Amit Shukla & Shri Amarjit Singhdcit-2(3) Vs. M/S. Tech Mahindra Ltd. R.No. 555, Aaykar (Formerly Known As Bhavan, Mahindra British Mumbai-400020 Telecome Ltd.) Gateway Building, Apollo Bunder Mumbai-400001 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacm3484F Appellant .. Respondent M/S. Tech Mahindra Ltd. Vs. Dcit-2(3) (Formerly Known As Mahindra R.No. 555, Aaykar British Telecome Ltd.) Bhavan, Gateway Building, Apollo Mumbai-400020 Bunder Mumbai-400001 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaacm3484F Appellant .. Respondent

For Appellant: Shri. Jahangir D. Mistri &For Respondent: Shri Azhar Zain Vayal
Section 10ASection 92C

appeals were adjudicated by the ITAT vide combined order ITA No. 1035/Mum/2022 and ITA No. 2041/Mum/2010 on 23.03.2022. 2. Thereafter, the assessee company filed miscellaneous application vide MA No. 327/Mum/2022 on the issue of transfer pricing adjustment with respect of charging interest for extended credit period to the associated enterprises ... ITAT vide order MA No. 277/Mum/2022 and 327/Mum/2022 dated 30.04.2023 has recalled the order dated 23.03.2022 to adjudicate the aforesaid issues by allowing the miscellaneous application filed by the assessee. 4. Both the issues are adjudicated as followed. 5. Ground of appeal as per the revenue’s appeal as under