MANOJ KUMAR,JAUNPUR vs. ACIT/DCIT, CIRCLE FAIZABAD
What did the Tribunal hold?
The Tribunal found that the CIT(A) passed the order under a wrong presumption as the assessment order dispute was not settled. Therefore, the CIT(A)'s order was set aside.
What were the facts?
The assessee had filed two appeals before the CIT(A), one against the assessment order and another against a penalty. The penalty dispute was settled under the Vivad Se Vishwas Act. However, the CIT(A) mistakenly assumed the assessment order dispute was also settled and dismissed the appeal.
What were the issues?
Whether the CIT(A) erred in dismissing the appeal against the assessment order under the mistaken belief that the dispute was settled under the Vivad Se Vishwas Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CIRCUIT BENCH : VARANASI
Before: SHRI B.R. BASKARAN & SHRI AMIT SHUKLA
ORDER
PER B.R. BASKARAN, AM:
The assessee has filed this appeal challenging the order dated 20.06.2022 passed by Ld CIT(A), NFAC, Delhi, and it relates to the assessment year 2016-17.
At the outset, the ld. AR submitted that the assessee has filed two appeals before the ld.CIT(A), namely, the appeal against the assessment order passed u/s 143(3) of the Act and another appeal against the penalty levied u/s 271D of the Act. Subsequent to filing of these appeals, the assessee settled the dispute with regard to the penalty levied u/s 271D of the Act under Vivad Se Vishwas Act, 2020. However, while adjudicating the appeal filed by the assessee against the assessment order passed u/s 143(3) of the Act, the ld.CIT(A) erroneously presumed that the assessee has settled the dispute under Vivad Se Vishwas Act, 2020 and, accordingly, dismissed the appeal. He submitted that the assessee has not settled the dispute arising out of the assessment order and, hence, the ld.CIT(A) was not correct in passing the impugned order under wrong presumption. Accordingly, he prayed that all the issues contested in this appeal may be restored to the file of the ld.CIT(A) for adjudicating them on merits.
The ld. DR did not controvert the facts presented by the ld. AR. Accordingly, having regard to the submissions made by the ld. AR, we set aside the order passed by the ld.CIT(A) and restore all the issues to the file of the ld.CIT(A) for adjudicating them on merits, after providing adequate opportunity of being heard to the assessee.
In the result, the appeal filed by the assessee is treated as allowed for statistical purposes.
More judgments on Section 271D
- Sujatha Vaddanapu, Nalgonda vs ITO, Ward-1, NalgondaITA 2048/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Inder Lal Ramrakhyani, Dhamtari vs ITO, DhamtariITA 694/RPR/2026[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs Harshit Singhania Buildcon, RaipurITA 560/RPR/2026[2022-23]Status: Disposed14 Oct 2026AY 2022-23
- Shree Jalaram Finance, Borsad vs Income Tax Officer, Ward 1(3)(4), PetladITA 1785/AHD/2026[2000-01]Status: Disposed13 Oct 2026AY 2000-01
- Veera Mani Kumari Vattikooti, Hyderabad vs ITO, Ward -11(1), HyderabadITA 1218/HYD/2026[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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