VISHAL VICTORY METALENGG PRIVATE LIMITED,KOLKATA vs. INCOME TAX OFFICER, WARD 7(1), KOLKATA
What did the Tribunal hold?
The Tribunal held that Section 271 encompasses Section 271(1)(c). Therefore, the order of the CIT(Appeals) was set aside, and the appeal was restored for re-adjudication on merits.
What were the facts?
The assessee's appeal was dismissed by the CIT(Appeals) due to a technicality in Form 35, where only Section 271 was mentioned instead of Section 271(1)(c). The assessee requested the appeal to be decided on merits.
What were the issues?
Whether the dismissal of an appeal by the CIT(Appeals) on a technicality regarding the specific sub-section mentioned in Form 35 is justified when the broader section is cited.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘D’ BENCH, KOLKATA
Before: Shri George Mathan & Shri Rakesh Mishra
Per George Mathan, Judicial Member:- This is an appeal filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi passed under section 250 of the
ITA No. 1188/KOL/2026 (A.Y. 2014-2015) VISHAL VICTORY METALENGG PRIVATE LIMITED Income Tax Act, 1961 in Appeal No. NFAC/2013-14/10319877 dated 2nd January, 2026 for the assessment year 2014-15.
Shri Anuj Musaddi, C.A., appeared on behalf of the assessee and Shri Praveen Das Chowdhury, ld. Sr. Departmental Representative, appeared on behalf of the Revenue.
At the time of hearing, it was the submission of the ld. A.R. that the ld. CIT(Appeals) dismissed the appeal of the assessee on account of technicality that the Section mentioned in Form 35 was only 271 and not 271(1)(c) of the Act. It was the prayer of the ld. Counsel for the assessee that the ld. CIT(Appeals) may be directed to dispose of the appeal of the assessee on merit.
In reply, the ld. Sr. Departmental Representative vehemently supported the order of ld. CIT(Appeals).
We have considered the rival contentions and perused the material available on record. Perusal of Form 35 shows that the assessee has admittedly mentioned the Section as 271. The provision of section 271 includes the provision of section 271(1)(c) of the Act. This being so, the order of the ld. CIT(Appeals) is set aside and the issues in the appeal are restored to the file of ld. CIT(Appeals) for re-adjudication on merits after granting the assessee adequate opportunity of being heard.
ITA No. 1188/KOL/2026 (A.Y. 2014-2015) VISHAL VICTORY METALENGG PRIVATE LIMITED 6. In the result, the appeal of the assessee is partly allowed for statistical purposes. Order pronounced in the open Court on 07/07/2026.
Sd/- Sd/- (Rakesh Mishra) (George Mathan) Accountant Member Judicial Member Kolkata, the 7th day of July, 2026
Copies to :(1) Vishal Victory MetalEngg. Pvt. Ltd., 2G, Neelamber Building, Shakespeare Sarani, Kolkata-700017 (2) Income Tax Officer, Ward-7(1), Kolkata, P-7, Chowringhee Square, Kolkata-700069 (3) CIT(Appeals), NFAC, Delhi; (4) CIT - ; (5) The Departmental Representative; (6) Guard File TRUE COPY By order Assistant Registrar, Income Tax Appellate Tribunal, Kolkata Benches, Kolkata Laha
More judgments on Section 271
- Baiju Nath Jha, Noida vs Officer of the Income Tax Officer, NoidaITA 4373/DEL/2026[2012-13]Status: Disposed10 Sept 2026AY 2012-13
- Tai Angu, Aalo, West Siang vs Income Tax Officer, Ward, North LakhimpurITA 357/GTY/2026[2020-21]Status: Disposed17 Aug 2026AY 2020-21
- Tai Angu, Aalo, West Siang vs Income Tax Officer, Ward, North LakhimpurITA 356/GTY/2026[2020-21]Status: Disposed17 Aug 2026AY 2020-21
- Tai Angu, Aalo, West Siang vs Income Tax Officer, Ward, North LakhimpurITA 355/GTY/2026[2020-21]Status: Disposed17 Aug 2026AY 2020-21
- Tai Angu, Aalo, West Siang vs Income Tax Officer, Ward, North LakhimpurITA 354/GTY/2026[2019-20]Status: Disposed17 Aug 2026AY 2019-20
Recent GST High Court judgments
Search GST case law →- Rabindranath Behera vs. The Chief Commissioner, CT And GST, OdishaOrissa · 3 Nov 2026
- Dinesh Dash vs. State Of OdishaOrissa · 3 Nov 2026
- M/S.Ishwar Chandra Barik, Keonjhar vs. Commissioner(Appeal), GST, Central Excise And Customs, BhubaneswarOrissa · 3 Nov 2026
- M/S.Surveillance System, Sambalpur vs. Commissioner Of CT And GST Odisha , CT And GST Commissionerate , Cuttack OdishaOrissa · 3 Nov 2026
- M/S.Himansu Palei vs. Assistant Commissioner Central GST CBIC Keonjhar Division, KeonjharOrissa · 3 Nov 2026