FORTIS HEALTHCARE LTD,NEW DELHI vs. ACIT, CIRCLE-74(1), NEW DELHI

PDF · subscribers
ITA 2153/DEL/2022Status: DisposedITAT Delhi14 October 2022AY 2012-133 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the Commissioner (Appeals) had erroneously dismissed the appeals based on a misunderstanding regarding the Vivad Se Vishwas Act. Therefore, the Tribunal set aside the impugned orders.

What were the facts?

The assessee's appeals were dismissed by the Commissioner (Appeals) under the mistaken belief that the assessee had filed a declaration for settlement under the Vivad Se Vishwas Act, 2020. The assessee contended that no such declaration was filed and they wished to contest the appeals on merits.

What were the issues?

Whether the appeals were correctly dismissed by the Commissioner (Appeals) under the Vivad Se Vishwas Act when no declaration was filed by the assessee.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘B’ NEW DELHI

Before: SHRI G.S. PANNU, HON’BLE & SHRI SAKTIJIT DEY

Hearing: 14.10.2022Pronounced: 14.10.2022

PER SAKTIJIT DEY, JM:

1.

Captioned appeals by the assessee arise out of separate orders, all dated 13.07.2022, passed by National Faceless Appeal Centre (NFAC), Delhi. , 2154, 2155 & 2156/Del/2022 AY: 2012-13

2.

Though, these matters were fixed for hearing today for considering assessee’s application seeking early date of hearing of the appeals, however, with the consent of both the parties, the appeals are taken up for hearing and disposal.

3.

Before us, learned counsel appearing for the assessee submitted that erroneously assuming that the assessee has filed declaration for settlement of dispute under the Direct Tax Vivad Se Vishwas Act, 2020 for the appeals relating to the impugned assessment years, learned Commissioner (Appeals) dismissed the appeals. However, he submitted, for these assessment years, the assessee has not filed any declaration under the Vivad Se Vishwas Scheme, 2020 for settling the dispute, but wanted to contest the appeals on merits. Therefore, he requested for restoring the matters to the first appellate authority.

4.

Learned Departmental Representative fairly agreed with the aforesaid submissions of the assessee.

5.

Having considered rival submissions and perused materials on record, we find, learned Commissioner (Appeals) has dismissed the appeals filed by the assessee for the impugned assessment years, being under an impression that the assessee had filed declarations under the Direct Tax Vivad Se Vishwas Act, 2020 for 2 | P a g e , 2154, 2155 & 2156/Del/2022 AY: 2012-13 settling the dispute arising in the appeals. However, it is the specific contention of the assessee before us that the assessee never filed any declarations under the Vivad Se Vishwas Act, 2020 in respect of these appeals, when they were pending before Commissioner (Appeals), but, wanted to contest them on merits.

6.

Keeping in view the submissions of the parties before us, we set aside the impugned orders passed by the first appellate authority and restore the matters back to his file for de novo adjudication on merits after extending due and reasonable opportunity of being heard to the assessee. Grounds are allowed for statistical purposes.

7.

In the result, all the appeals are allowed for statistical purposes.

Order pronounced in the open court on 14th October, 2022

Recent GST High Court judgments

Search GST case law →