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Income Tax Appellate Tribunal, “B” BENCH, CHENNAI
Before: HON’BLE SHRI MAHAVIR SINGH, VP & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आयकर अपीलीय अिधकरण “बी” �ायपीठ चे�ई म�। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHENNAI माननीय �ी महावीर िसंह, उपा ! एवं माननीय �ी मनोज कुमार अ&वाल ,लेखा सद) के सम!। BEFORE HON’BLE SHRI MAHAVIR SINGH, VP AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM आयकरअपील सं./ (िनधा*रण वष* / Assessment Year: 2013-14) M/s. Rajsriya Automotive Industries ACIT बनाम Private Limited Circle-1, LTU, Ground Floor, 95, Harrington Road, Chennai. / Vs. Chetpet, Chennai-600 031. �थायीलेखासं./जीआइआरसं./PAN/GIR No. AABCR-4226-K (अपीलाथ�/Appellant) : (� थ� / Respondent) अपीलाथ�कीओरसे/ Appellant by : Shri S. Girish Kumar (Advocate) -Ld. AR � थ�कीओरसे/Respondent by : Shri D. Hema Bhupal (JCIT)-Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 28-11-2023 घोषणाकीतारीख /Date of Pronouncement : 28-11-2023 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
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 30.03.2022 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.
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. Order pronounced in open court on 28th November, 2023.