SHREEYAN POWER AND STEEL INDUSTRIES LTD.,,MUMBAI vs DCIT, CIR-3(3)(1), MUMBAI

Income Tax Appellate Tribunal, MUMBAI BENCH “G” MUMBAI

Before: SHRI OM PRAKASH KANT & SHRI NARENDER KUMAR CHOUDHRY

For Appellant: Mr. Harsh Bafna, AR

For Respondent: Mr. Anil Sant, DR

Hearing: 20/04/2023Pronounced: 26/04/2023

This appeal has been preferred by the assessee against the order dated 14.12.2022 passed by the Ld. Commissioner of Income- tax (Appeals) – National Faceless Appeal Centre, Delhi [in short ‘the Ld. CIT(A)’] for assessment year 2014-15 in relation to the reassessment order passed by the Assessing Officer u/s 147 of the Income-tax Act, 1961 (in short ‘the Act’). The grounds raised by the assessee are reproduced as under:

Shreeyam Power and Steel Industries Ltd. Shreeyam Power and Steel Industries Ltd. 2 ITA No. 394/M/2023

1. On the facts and in the circumstances of the case and in law, 1. On the facts and in the circumstances of the case and in law, 1. On the facts and in the circumstances of the case and in law, the Learned Commissioner of Income Tax (Appeals), National the Learned Commissioner of Income Tax (Appeals), National the Learned Commissioner of Income Tax (Appeals), National Faceless App Faceless Appeal Centre, Delhi [hereinafter referred to as CIT(A)] eal Centre, Delhi [hereinafter referred to as CIT(A)] erred in passing the order u/s 250 of the Income Tax Act, 1961 erred in passing the order u/s 250 of the Income Tax Act, 1961 erred in passing the order u/s 250 of the Income Tax Act, 1961 [hereinafter referred to as the Act] dismissing the appeal [hereinafter referred to as the Act] dismissing the appeal [hereinafter referred to as the Act] dismissing the appeal without granting opportunity of hearing to the Appellant during without granting opportunity of hearing to the Appellant during without granting opportunity of hearing to the Appellant during the course of ap the course of appeal proceedings. Your Appellant submits that the order of CIT(A) issued u/s 250 Your Appellant submits that the order of CIT(A) issued u/s 250 Your Appellant submits that the order of CIT(A) issued u/s 250 of the Act dated 14 December 2022is passed without following of the Act dated 14 December 2022is passed without following of the Act dated 14 December 2022is passed without following the principle of natural justice and therefore the order of the the principle of natural justice and therefore the order of the the principle of natural justice and therefore the order of the CIT(A)ought to be quashed. CIT(A)ought to be quashed.

On the facts and in the circumstances of the case and in law, 2. On the facts and in the circumstances of the case and in law, 2. On the facts and in the circumstances of the case and in law, the CIT(A) erred in dismissing theappeal filed against the the CIT(A) erred in dismissing theappeal filed against the the CIT(A) erred in dismissing theappeal filed against the Assessment Order issued u/s. 147 .w.s. 144B of the Act as Assessment Order issued u/s. 147 .w.s. 144B of the Act as Assessment Order issued u/s. 147 .w.s. 144B of the Act as withdrawn under the Direct Tax Vivad se Vishwas Act, 2020 withdrawn under the Direct Tax Vivad se Vishwas Act, 2020 withdrawn under the Direct Tax Vivad se Vishwas Act, 2020 (VS) without app (VS) without appreciating the fact that no disputeresolution reciating the fact that no disputeresolution under VS was sought in respect of this appeal by the Appellant. under VS was sought in respect of this appeal by the Appellant. under VS was sought in respect of this appeal by the Appellant. Your Appellant submits that dispute resolution under VS was Your Appellant submits that dispute resolution under VS was Your Appellant submits that dispute resolution under VS was sought in respect of appeal filedagainst the order issued w/s sought in respect of appeal filedagainst the order issued w/s sought in respect of appeal filedagainst the order issued w/s 143(3) of the Act for whi 143(3) of the Act for which final certificate in Form 5 dated 05 ch final certificate in Form 5 dated 05 July2022 was issued, pursuant to which the learned CIT(A) July2022 was issued, pursuant to which the learned CIT(A) July2022 was issued, pursuant to which the learned CIT(A) order dated 07 September 2022 was passeddismissing the order dated 07 September 2022 was passeddismissing the order dated 07 September 2022 was passeddismissing the said appeal. said appeal. Your Appellant submits that the order of CIT(A) issued w/s 250 Your Appellant submits that the order of CIT(A) issued w/s 250 Your Appellant submits that the order of CIT(A) issued w/s 250 of the Act dated 14 Decembe of the Act dated 14 December 2022is barred by the provisions r 2022is barred by the provisions of the Act and the same must be remanded for adjudication on of the Act and the same must be remanded for adjudication on of the Act and the same must be remanded for adjudication on the factsand merits of the case. the factsand merits of the case. 2. We have heard rival submission of the parties on the issued We have heard rival submission of the parties on the issued We have heard rival submission of the parties on the issued- in-dispute and perused the relevant material on record. We find dispute and perused the relevant material on record. We find dispute and perused the relevant material on record. We find that the Ld. CIT(A) has dismissed the appeal of the assessee under hat the Ld. CIT(A) has dismissed the appeal of the assessee under hat the Ld. CIT(A) has dismissed the appeal of the assessee under the impression that the assessee opted for the impression that the assessee opted for the “Direct Tax Vivad Se Direct Tax Vivad Se Vishwas Scheme, 2020 Vishwas Scheme, 2020” in respect the appeal filed before him ” in respect the appeal filed before him. The relevant finding of the Ld. CIT(A) is reproduced as relevant finding of the Ld. CIT(A) is reproduced as und under:

Shreeyam Power and Steel Industries Ltd. Shreeyam Power and Steel Industries Ltd. 3 ITA No. 394/M/2023

During the course of appellate proceedings the appellant opted During the course of appellate proceedings the appellant opted During the course of appellate proceedings the appellant opted forDTVSVA 2020 and has filed an application/form forDTVSVA 2020 and has filed an application/form forDTVSVA 2020 and has filed an application/form-1 in this regard before the designated authority i.e. PCIT, Gujarat on regard before the designated authority i.e. PCIT, Gujarat on regard before the designated authority i.e. PCIT, Gujarat on 12.12.2020. A certificate no. 214410450150121 (form5) dated 12.12.2020. A certificate no. 214410450150121 (form5) dated 12.12.2020. A certificate no. 214410450150121 (form5) dated 15.01.2021 has been issued by the PCIT, Mumbai. The 21 has been issued by the PCIT, Mumbai. The 21 has been issued by the PCIT, Mumbai. The appellant has paid the amount toward the full and final appellant has paid the amount toward the full and final appellant has paid the amount toward the full and final settlement of the tax arrears as determined in the order and settlement of the tax arrears as determined in the order and settlement of the tax arrears as determined in the order and VSV order us 5(2) has been issued on 05.07.2022 by the VSV order us 5(2) has been issued on 05.07.2022 by the VSV order us 5(2) has been issued on 05.07.2022 by the designated authority. designated authority. In view of the abo In view of the above and as per the mandate provided, in the ve and as per the mandate provided, in the DTVSVA 2020, the appeal of the appellant is dismissed as DTVSVA 2020, the appeal of the appellant is dismissed as DTVSVA 2020, the appeal of the appellant is dismissed as withdrawn due to DTVSVA2020. withdrawn due to DTVSVA2020.

However, before us, the Ld. Counsel of the assessee submitted However, before us, the Ld. Counsel of the assessee submitted However, before us, the Ld. Counsel of the assessee submitted that in the case of the assessee that in the case of the assessee, two assessments have been two assessments have been completed. Firstly, assessment was completed u/s 143(3) of the Act assessment was completed u/s 143(3) of the Act assessment was completed u/s 143(3) of the Act on 23.12.2016 and against which the assessee preferred appeal on 23.12.2016 and against which the assessee preferred appeal on 23.12.2016 and against which the assessee preferred appeal before the Ld. CIT(A) which was entered as acknowledgement No. before the Ld. CIT(A) which was entered as acknowledgement No. before the Ld. CIT(A) which was entered as acknowledgement No. 590017131120117 dated 12.01.2017. The assessee opted dated 12.01.2017. The assessee opted dated 12.01.2017. The assessee opted the “Direct taxes Vivad Se Vishwas Scheme Vivad Se Vishwas Scheme” in respect of in respect of appeal filed before ld CIT(A) against before ld CIT(A) against assessment u/s 143(3) of the Act. assessment u/s 143(3) of the Act. Before us , the assessee has also filed a Form No. 1 filed by the assessee he assessee has also filed a Form No. 1 filed by the assessee he assessee has also filed a Form No. 1 filed by the assessee before the designated authority for opting under Vivad Se Vishwas before the designated authority for opting under Viv before the designated authority for opting under Viv Scheme. From the said Form rom the said Form, it is evident that the appeal it is evident that the appeal for VSV opted is having acknowledgment No. having acknowledgment No. 590017131120117 590017131120117 as mentioned in Part-B Clause 1 of the Form No. 1 B Clause 1 of the Form No. 1 B Clause 1 of the Form No.

Whereas, the appeal before the Ld. CIT(A) in the present case was arising out of appeal before the Ld. CIT(A) in the present case was arising appeal before the Ld. CIT(A) in the present case was arising order u/s 147 of the Act dated 30.03.2022. Therefore, the Ld. CIT(A) order u/s 147 of the Act dated 30.03.2022. Therefore, the Ld. CIT(A) order u/s 147 of the Act dated 30.03.2022. Therefore, the Ld. CIT(A) has dismissed the appeal of the assessee under wrong impression has dismissed the appeal of the assessee under wrong impression has dismissed the appeal of the assessee under wrong impression that the assessee has opted for Vivad Se Vishwas Scheme in respect he assessee has opted for Vivad Se Vishwas Scheme in respect he assessee has opted for Vivad Se Vishwas Scheme in respect

Shreeyam Power and Steel Industries Ltd. Shreeyam Power and Steel Industries Ltd. 4 ITA No. 394/M/2023 of appeal before him. In view of the above facts, of appeal before him. In view of the above facts, we set aside the we set aside the order of the Ld. CIT(A) and restore the matter back to him for order of the Ld. CIT(A) and restore the matter back to him for order of the Ld. CIT(A) and restore the matter back to him for deciding afresh after taking into consideration submission of the deciding afresh after taking into consideration submission of the deciding afresh after taking into consideration submission of the assessee and pass a reasoned order. The grounds of appeal of the assessee and pass a reasoned order. The grounds of appeal of the assessee and pass a reasoned order. The grounds of appeal of the assessee are accordingly allowed for statist assessee are accordingly allowed for statistical purposes. ical purposes.

SHREEYAN POWER AND STEEL INDUSTRIES LTD.,,MUMBAI vs. DCIT, CIR-3(3)(1), MUMBAI