ACIT vs Sh. Yogesh Kumar Gupta

This Revenue’s instant miscellaneous application M.A. 423/Del/2025 filed under section 254(2) of the Act seeks to recall/rectify the tribunal’s impugned order dated 22.04.2025 dismissing its corresponding main appeal ITA No.516/Del/2025.

Heard both the parties. Case file perused.

The Revenue’s precise case sought to be made out in the instant miscellaneous application is that the tribunal’s impugned order has wrongly dismissed its main appeal ITA No. 516/Del/2025 as involving minimum tax effect prescribed of Rs.60 lakhs in CBDT’s Circular No. 9/2024, dated 17.09.2024 despite the fact that it was an instance of assessee having availed accommodation entries in the assessment year in question. Learned counsel of the assessee is equally fair in not disputing the same. Therefore, the tribunal’s impugned order dated 22.04.2025 is recalled. This Revenue’s miscellaneous application M.A. 423/Del/2025 succeeds in very terms.

Next comes the Revenue’s main appeal ITA No.516/Del/2025 wherein the learned CIT(A)/NFAC; as the case may be, has restricted the assessee’s accommodation entry business income from that @ 0.50% taken in the assessment order to 0.35% in the lower appellate discussion. This tribunal prima facie does not find any grave error in the learned CIT(A)’s impugned estimation @ 0.35%. It is still made clear that the learned Assessing Officer’s consequential computation shall ensure that all the assessee’s entries are assessed at a uniform rate of 0.35% going by the foregoing lower appellate discussion. Ordered accordingly.

The Revenue’s miscellaneous application M.A. No. 423/Del/2025 is allowed and its main appeal ITA No. 516/Del/2025 is dismissed in the foregoing terms. A copy of this common order be placed in the respective case files.