OM GASES AND CHEMICALS ,MUMBAI vs. ITO WARD 2(2), KALYAN

ITA 2773/MUM/2025Status: DisposedITAT Mumbai23 June 2025AY 2014-15Bench: SHRI SANDEEP GOSAIN (Judicial Member)3 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the issue for AY 2013-14, which formed the basis for the protective addition in AY 2014-15, had been conclusively resolved under the Vivad se Vishwas Scheme. Consequently, the Tribunal held that the protective assessment proceedings for AY 2014-15 became infructuous.

What were the facts?

The assessee appealed against a CIT(A) order upholding a protective addition of Rs. 20,74,935 for AY 2014-15, which was related to 'on money' paid for property purchase. A substantive addition for the same issue was made in AY 2013-14, which the assessee opted to settle under the Direct Tax Vivad se Vishwas Scheme, 2024.

What were the issues?

Whether a protective assessment for an addition made in AY 2014-15 becomes infructuous when the substantive addition for the same issue in AY 2013-14 is settled under the Direct Tax Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250

AI-generated summary — verify with the full judgment below

Before: SHRI SANDEEP GOSAIN

For Respondent: Shri Ram Krishn Kedia

Hearing: 17.06.2025Pronounced: 23.06.2025

स िवाई की िारीख / Date of Hearing 17.06.2025 घोर्णा की िारीख/Date of Pronouncement 23.06.2025 आदेश / O R D E R PER SANDEEP GOSAIN [J.M.]:- This appeal is filed by the assessee against the order of the Learned Commissioner of Income-tax (Appeals), Mumbai/National Faceless Appeal Centre, Delhi [hereinafter referred to as “CIT(A)”] dated 12.02.2025 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for Assessment Year [A.Y.] 2014-15.

The assessee has raised the following ground of appeal:

A.Y. 2014-15 Om Gases and Chemicals “1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appeal of the assessee and confirming addition of Rs. 20,74,935 (which was originally made on protective basis) disregarding the submission of the appellant that it had opted to settle the pending appeal in respect of the same addition made on a substantive basis in AY 2013-14 under the Direct Tax Vivad se Vishwas Scheme, 2024.”

At the outset, I notice that additions were made in both years i.e. AY 2013- 14 and AY 2014-15 on the same issue of “on money” paid towards to purchase the property and consequently, the substantive additions were made in AY 2013-14 and protective in AY 2014-15 4. Since the issue for AY 2013-14 has been conclusively resolved through the Vivad se Vishwas scheme 2024, and due taxes have already been paid. In this regard, form Nos 1 to 4 have already been placed on record, which are at paper book page Nos 47 to 68 under DTVSV.

Therefore, in my view, the protective assessment proceedings for AY 14– 15 are based on the same issue and have become infructuous.

Therefore, taking into consideration the above facts, the present appeal stands dismissed as infructuous.

In the result, the appeal of the assessee is dismissed. Order pronounced in the open court on 23.06.2025.

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