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Judgment
PER SATBEER SINGH GODARA, JM
This assessee’s instant miscellaneous application M.A. No.398/Del/2025 filed under section 254(2) of the Act seeks to recall/rectify the tribunal’s order dated 27.08.2025 restoring his corresponding main appeal ITA No.2670/Del/2025 to the CIT(A) for afresh appropriate adjudication.
Heard both the parties. Case file perused.
Coming to the rectification of the tribunal’s impugned order, it transpires during the course of hearing that learned Assessing Officer had recorded his satisfaction in FY 2021-22 relevant to assessment year 2022-23; and going by the prescribed ten assessment years counted backwards in light of section 153A Explanation r.w.s. 153C(1) 1st proviso, we are of the considered view that the said statutory period admittedly does not reach up to assessment year 2012-13 herein as the legal issue already stands settled in CIT-7 Vs. RRJ Securities Ltd. (2016) 380 ITR 612 (Del), PCIT Vs. Ojjus Medicare (P) Ltd., (2024) 465 ITR 101 (Del) and CIT Vs. Jasjit Singh (2024) 465 ITR 101 (SC). We thus recall our impugned order dated 27.08.2025 since not taking into consideration the settled legal proposition and allow the assessee corresponding main appeal ITA No.2670/Del/2025 in very terms.
This miscellaneous application M.A. No.398/Del/2025 as well as main appeal ITA No.2670/Del/2025 are allowed in the foregoing terms. A copy of this common order be placed in the respective case files.