M/S. ARIMA EXIM PVT. LTD.,CHENNAI vs. DCIT, CENTRAL CIRCLE-3(3), CHENNAI
What did the Tribunal hold?
The Tribunal condoned the delay in filing the appeal. It held that the CIT(A) was not justified in treating the appeal as withdrawn, as the statute preserves the right of appeal even if VSV proceedings fail.
What were the facts?
The assessee's appeal was dismissed by the CIT(A) for non-compliance with Form-3 under the VSV Act, 2020. The assessee explained that they could not comply with Form-3 for various reasons and argued that their right of appeal should not be taken away if VSV proceedings fail.
What were the issues?
Whether the CIT(A) was correct in dismissing the appeal for non-compliance with Form-3 under the VSV Act, 2020, and whether the assessee's right of appeal is extinguished in such circumstances.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Before: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi
आयकर अपीलीय अिधकरण, ’ ए’ �ायपीठ, चे�ई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘A’ BENCH, CHENNAI �ी इंटूरी रामाराव, लेखा सद एवं �ी एस.एस. िव"ने$ रिव, �ाियक सद के सम% । Before Shri Inturi Rama Rao, Accountant Member & Shri S.S. Viswanethra Ravi, Judicial Member आयकर अपील सं./I.T.A. No. 1886/Chny/2026 िनधा'रण वष'/Assessment Year: 2017-18 M/s. Arima Exim Private Limited, Vs. Deputy Commissioner of No.2/89, 1st Floor, Income Tax, Ciscons Complex, Central Circle -3(3), Montieth Road, Egmore, Chennai. Chennai – 600 008. [PAN: AAJCA-1046-Q] (अपीलाथ*/Appellant) (+,थ*/Respondent) अपीलाथ* की ओर से / Appellant by : Mr. K. Vishva Padmanaban, CA +,थ* की ओर से/Respondent by : Ms. R. Anita, CIT सुनवाई की तारीख/ Date of hearing : 16.06.2026 घोषणा की तारीख /Date of Pronouncement 30.06.2026 : आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 30.05.2025 passed by the ld. Commissioner of Income Tax (Appeals), Chennai for the assessment year 2017-18.
We find that this appeal was filed with a delay of 244 days. The assessee filed an affidavit explaining the reasons to condone the said
2 ITA No. 1886/Chny/2026
delay. On perusal of the same and upon hearing both the parties, we find
the reasons stated by the assessee are bonafide which really prevented
the assessee in filing the appeal in time. Thus, delay of 244 days
condoned.
At the outset, it is noted that the ld.CIT(A) dismissed the appeal of the
assessee for non-compliance of Form-3 issued by the Designated Authority
under VSV Act, 2020. The ld.AR, Mr. K. Vishva Padmanaban, CA, submits
that the assessee availed VSVS scheme and could not be proceeded in
compliance of Form-3 for various reasons. He argued that the order of the
ld.CIT(A) is not justified in treating the appeal of the assessee as construed
as withdrawn and as the assessee having right of invoking right of appeal,
in case the proceedings under VSV Act, 2020 fails.
Admittedly, the Designated Authority issued Form-3 on 16.02.2021
and no compliances was made with reference to payment of tax in
pursuance of Form-3. We find force in the arguments of the ld.AR that in
case the proceedings under VSV Act, 2020 fails, the statue does not take
away right of appeal before the ld.CIT(A). Therefore, the order of the
ld.CIT(A) is not justified in treating the appeal filed u/s. 249 of the Act as
withdrawn as per proceedings under VSV Act, 2020. Thus, order of the
3 ITA No. 1886/Chny/2026
ld.CIT(A) is set aside and we deem it proper to remand the matter to the ld.CIT(A) for a fresh consideration, taking into account Form-35 filed on 30.01.2020 u/s. 249 of the Act. Thus, grounds raised by the assessee are allowed for statistical purposes.
In the result, appeal filed by the assessee is allowed for statistical purposes. Order pronounced on 30th June, 2026 at Chennai.
Sd/- Sd/- (INTURI RAMA RAO) (S.S. VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER
Chennai, Dated: 30.06.2026 JPV आदेश की +ितिलिप अ3ेिषत/Copy to: 1. अपीलाथ*/Appellant, 2.+,थ*/ Respondent, 3. आयकर आयु4/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय +ितिनिध/DR & 5. गाड' फाईल/GF.
PRASANNA Digitally signed by PRASANNA VANI JETTY VANI JETTY Date: 2026.07.02 16:11:59 +05'30'
More judgments on Section 249
- Sanjay Mishra, Rewa vs Income Tax Officer Ward-1, RewaITA 82/JAB/2025[2013-14]Status: Disposed6 Oct 2026AY 2013-14
- Assistant Commissioner of Income Tax… vs M/S. Kalindi Ispat Pvt. Ltd., BilaspurITSSA 22/JAB/2018[2014-15]Status: Disposed6 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs M/S. Kalindi Ispat Pvt. Ltd., BilaspurITSSA 21/JAB/2018[2013-14]Status: Disposed6 Oct 2026AY 2013-14
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- Sanjay Mishra, Rewa vs Income Tax Officer Ward-1, RewaITA 82/JAB/2025[2013-14]Status: Disposed6 Oct 2026AY 2013-14
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