SWATCH GROUP (INDIA) PRIVATE LIMITED,INDIA vs. COMMISSIONER OF INCOME TAX, APPEAL CIT(A),DELHI-44, DR. S.P.M CIVIC CENTRE, MINTO ROAD, DELHI

ITA 8503/DEL/2025Status: DisposedITAT Delhi29 May 2026AY 2012-134 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessee's declaration under the Vivad se Vishwas Scheme correctly included the depreciation claim disallowance. Therefore, the benefit of the scheme should be granted.

What were the facts?

The assessee sought to avail the Direct Tax Vivad se Vishwas Scheme, 2020, for assessment year 2012-13. The CIT(A) denied the benefit, leading to this appeal.

What were the issues?

Whether the depreciation claim disallowance was correctly included in the declaration filed under the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250(6)

AI-generated summary — verify with the full judgment below

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

Before: SHRI SATBEER SINGH GODARA & SHRI NAVEEN CHANDRA

For Appellant: Ms. Shruti Khimta, Adv, Ms. Supriya Mehta, CA

Hearing: 21.05.2026Pronounced: 29.05.2026

PER SATBEER SINGH GODARA, JM

This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)[in short, the “CIT(A)”], Delhi-44’s DIN and order No. ITBA/APL/S/250/2025- 26/1081831781(1), dated 16.10.2025 involving proceedings under section 250(6) of the Income-tax Act, 1961; hereinafter referred to as ‘the Act’.

ITA No.8503/Del/2025

Heard both the parties. Case file perused.

Learned counsel at the outset invites our attention to the CIT(A)/NFAC’s detailed discussion not granting the benefit of the Direct Tax Vivad se Vishwas Scheme, 2020; reading as under:

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ITA No.8503/Del/2025

It is in this factual backdrop that the sole substantive issue which arises for our apt adjudication herein is as to whether the assessee’s declaration submitted and finalized under the aforesaid Vivad se Vishwas Scheme also includes the depreciation claim disallowance issue amounting to Rs. 55,35,929/- only. Faced with this situation, learned counsel takes up to page 28 of the paperbook i.e., Form-1 filed under the said scheme in schedule 3 | P a g e

ITA No.8503/Del/2025 IV(B)(ii) stating the issue as Rs. 2,18,149,519/- inclusive of transfer pricing adjustment of Rs. 21,26,14,590/- and depreciation in question amounting to Rs. 55,34,929/-; respectively. This clinching factual position has gone unrebutted from the Revenue side. We thus find merit in the assessee’s instant sole substantive ground and direct the learned assessing authority to finalize its consequential computation in very terms.

This assessee’s appeal is allowed.

Order pronounced in the open court on 29.05.2026.

Sd/- Sd/- (NAVEEN CHANDRA) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 29.05.2026 Pooja Mittal/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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