M/S DHANRAJ CONSTRUCTIONS COMPANY,JABALPUR vs. ITO (TDS)-II, JABALPUR

ITA 198/JAB/2025Status: DisposedITAT Jabalpur11 May 2026AY 2013-143 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeals as they had become infructuous due to settlement under the Vivad se Vishwas Scheme. The Departmental Representative had no objection to the withdrawal.

What were the facts?

The assessee filed appeals against the orders of the CIT(A) concerning late filing fees under Section 234E for AY 2013-14 and 2014-15. The assessee later opted for the Direct Tax Vivad se Vishwas Scheme, 2020, and settled the demand.

What were the issues?

Whether the appeals are maintainable after settlement under the Vivad se Vishwas Scheme. The applicability of Section 234E for the relevant assessment years was also a ground.

Which sections of the Income-tax Act were involved?

Section 234E

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JABALPUR BENCH “SMC”, JABALPUR

Before: SHRI KUL BHARAT

For Appellant: Shri Sukesh Kumar, CA
For Respondent: Shri Rahul Padha, JC-2

PER KUL BHARAT, VICE PRESIDENT.:

These two appeals, filed by the assessee, against the common order dated 09/02/2023 of learned Commissioner Income Tax (Appeals) [hereinafter referred as the “Ld. CIT(A)”]/National Faceless Appeal Centre (NFAC) for the A.Y. 2013-14 & A.Y. 2014-15. The Assessee has raised the following grounds of appeals: -

“ITA. No.198/JAB/2025

1.

The Ld. CIT(A) has not considered the appeal on merit wherein facts and grounds were identically supported and has dismissed the appeal ex-party. On the facts and circumstances and legal position of the case the order of charging late filing fee u/s 234E of the IT Act is contrary

The order continues below.

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