MADRAS ENGINEERING INDUSTRIES PRIVATE LIMITED,CHENNAI vs. DCIT, CORPORATE CIRCLE-4(1), CHENNAI

At the time of hearing of captioned appeal, Ld. AR sought condonation of delay of 470 days. The Ld. AR submitted that the assessee was not served with impugned order either electronically or through registered post. An affidavit to that effect has been filed by Managing Director of assessee entity. The Ld. Sr. DR opposed condonation of delay.

After going through the contents of the affidavit and keeping in mind principle of natural justice, the bench deems it fit to condone the delay and accordingly, the appeal is admitted for adjudication on merits.

The Ld. AR, at the outset, submitted that the appeal has erroneously been dismissed by first appellate authority on the ground that the assessee opted for settlement under Vivad Se Vishwas Scheme, 2020. The Ld. AR submitted that an assessment was framed u/s 143(3) which was settled under the scheme. However the case was reopened and more additions were made by Ld. AO in an assessment framed u/s 143(3) r.w.s. 147 vide order dated 31.12.2019 which was challenged before first appellate authority. It was also submitted that the assessee did not opt for the scheme for this assessment. The Ld. Sr. DR could not controvert the same. 4. Concurring with the submissions of Ld. AR, the impugned order is set aside and the appeal is restored back to the file of Ld. CIT(A) for de- novo adjudication on merits after affording opportunity of hearing to the assessee. The assessee is directed to substantiate its case. 5. The appeal stand allowed for statistical purpose.