ESTRA ENTERPRISES PRIVATE LIMITED,CHENNAI vs DCIT, CORPORATE CIRCLE-1(1), CHENNAI

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI V. DURGA RAO & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 01-11-2022 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.147 r/w s. 144B of the Act on 28-03-2022. 2. The Ld. AR, at the outset, submitted that the appeal has erroneously been dismissed by first appellate authority on wrong 2 - presumption that the assessee has filed settlement under Direct Tax Vivad Se Vishwas Scheme, 2020. The Ld. AR submitted that the same is not factually correct since the case was reopened u/s 147 and an assessment was framed on 28-03-2022 which was in further appeal. An assessment was already framed for the year u/s 143(3) which was, in fact, settled by the assessee under the scheme and not the reopened assessment. The Ld. AR submitted that the nature of additions made under both the assessment is quite different and therefore, the appeal needs to be adjudicated on merits. The Ld. Sr. DR could not controvert the same.

Accepting the plea of Ld. AR, the impugned order is set-aside and the appeal is restored back to the file of Ld. CIT(A) for adjudication on merits of the case after affording opportunity of hearing to the assessee in accordance with law.

The appeal stand allowed for statistical purposes.

Order pronounced on 23rd January, 2023.

ESTRA ENTERPRISES PRIVATE LIMITED,CHENNAI vs. DCIT, CORPORATE CIRCLE-1(1), CHENNAI