MITRABINDA KUMARI PANWAR,NEW DELHI vs. ITO, WARD-2(2), NOIDA

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ITA 1847/DEL/2022Status: DisposedITAT Delhi02 September 2022AY 2010-113 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the first appellate authority had misunderstood the facts. Therefore, the Tribunal set aside the impugned orders and restored the matters for fresh adjudication on merits.

What were the facts?

The assessee's appeals were dismissed by the first appellate authority on the grounds that the assessee had opted for settlement under the Vivad Se Vishwas Act. However, the assessee contended that no such declaration was made.

What were the issues?

Whether the first appellate authority erred in dismissing the appeals based on a mistaken assumption about the assessee opting for the Vivad Se Vishwas scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

Before: SHRI SAKTIJIT DEY & DR. B.R.R. KUMAR

For Appellant: CA Sh. Shivam Gupta, CA
Hearing: 02.09.2022Pronounced: 02.09.2022

PER SAKTIJIT DEY, JM:

1.

Captioned appeals by the assessee arise out of two separate orders passed by National Faceless Appeal Centre (NFAC), Delhi, pertaining to assessment years 2010-11. whereas, is against imposition of penalty under section 271(1)(c) of the Act. These matters were posted today for considering assessee’s application seeking fixation of a date for early hearing. However, considering the nature of dispute, with the consent of both the parties, appeals are taken up for hearing.

3.

We have heard Sh. Rajkumar Gupta, learned counsel appearing for the assessee and Sh. Mrinal Kumar Das, learned Departmental Representative.

4.

Before us, learned counsel appearing for the assessee has submitted that the first appellate authority has completely misconceived the facts while dismissing the appeals of the assessee on the reasoning that the assessee has opted for settling the dispute under the Direct Tax Vivad Se Vishwas Act, 2020. Whereas, he submitted, the assessee has not made any declaration under the Vivad Se Vishwas Scheme for settling the dispute arising in these two appeals.

5.

Keeping in view the aforesaid submissions of the assessee, we are inclined to set aside the impugned orders of first appellate authority and restore the matter back to him for de novo adjudication on merits after providing reasonable opportunity of 2 | P a g e being heard to the assessee. Grounds are allowed for statistical purposes.

6.

In the result, the appeal is allowed for statistical purposes.

Order pronounced in the open court on 2nd September, 2022

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