Income Tax Appellate Tribunal - Delhi
Jcit (Osd)-Circle-4(2), New Delhi vs Beam Global Spirits & Wine (India) ... on 23 October, 2024
1 M. A No. 204/Del/2021 &
ITA No. 5342/Del/2018
ACIT Vs. Arihant Kumar Jain
IN THE INCOME TAX APPELLATE TRIBUNAL,
DELHI BENCH: 'I' NEW DELHI
BEFORE SHAMIM YAHYA, ACCOUNTANT MEMBER
AND
SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER
M. A NO. 126/Del/2023 (A.Y 2010-11) in
(ITA No. 1093/Del/2020)
JCIT(OSD) vs Beam Global Spirits & Wine
Circle-4(2) (India) Pvt. Ltd.
Room No. 398D, C. R. Building No. 10, Tower-C,
Building, ITO, IP Estate, 12th Floor, DLF Cyber City,
New Delhi Phase-2, Gurgaon, Haryana
(APPLICANT) PAN: AAACA1614R
(RESPONDENT)
Applicant by Sh. Kshitij Bansal, CA
Respondent by Sh. Amit Katoch, Sr. DR
Date of Hearing 18.10.2024
Date of Pronouncement 23.10.2024
ORDER
PER YOGESH KUMAR U.S., JUDICIAL MEMBER:
The present Miscellaneous Application filed by the Revenue with a prayer to recall the order of the Tribunal dated 18/07/2022 in ITA No. 1093/Del/2020 (A.Y 2010-11). The Ld. Departmental Representative submitted that there is an error apparent on record in the order of the Tribunal wherein the Tribunal has not decided the Ground No. 3 dealing with the trading segment, therefore, sought for reinstating the Appeal and to adjudicate the said Ground.
2 M. A No. 204/Del/2021 &ITA No. 5342/Del/2018
2. Per contra, the Assessee's Representative submitted that a MAP Resolution has been passed on 17/07/2020 and an order giving effect has also been passed on 19/02/2020, wherein the Assessee has been granted with relief and the adjustment made by the TPO on account of AMP expenses has been reduced to NIL, therefore, the Tribunal has rightly dismissed the Appeal filed by the Revenue which requires no interference.
3. We have heard both the parties and perused the material available on record. The Tribunal while dismissing the Appeal, recorded the submission of both the parties, verified the MAP Resolution dated 17/07/2020 and the order of TPO dated 19/02/2020 giving effect of the MAP Resolution and it was found by the Tribunal that in view of the MAP Resolution, the Assessee has been granted with relief and the adjustment made by the TPO on account of AMP expenses has been reduced to NIL, thus, the Appeal itself has become in-fructuous. The said fact of granting the relief to the Assessee and reducing the AMP expenses to NIL by the Department in view of the MAP Resolution has not been disputed by the Revenue, therefore, we find no error apparent from record in 3 M. A No. 204/Del/2021 & ITA No. 5342/Del/2018 ACIT Vs. Arihant Kumar Jain the order of the Tribunal and finding no merit in the Miscellaneous application filed by the Revenue, we dismiss the same as devoid of merit.
Order pronounced in the open court on 23rd October, 2024
Sd/- Sd/-
(SHAMIM YAHYA) (YOGESH KUMAR U.S.)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 23rd October, 2024
R.N, Sr. PS
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Asst. Registrar, ITAT,
New Delhi