MUKAND LIMITED,MUMBAI vs. NATIONAL FACELESS ASSESSMENT CENTRE., NEW DELHI

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ITA 2591/MUM/2022Status: DisposedITAT Mumbai14 December 2022AY 2013-20143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) erred in dismissing the appeal based on an incorrect assumption of facts regarding the Vivad-se-Vishwas Scheme. The appeal was therefore remanded back to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal was dismissed by the CIT(A) on the assumption that the assessee had settled the dispute under the Vivad-se-Vishwas Scheme. However, the assessee had not opted for the scheme for the specific assessment in question.

What were the issues?

Whether the CIT(A) correctly dismissed the appeal on the grounds of Vivad-se-Vishwas settlement when the assessee had not opted for it for the disputed assessment.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 147,Section 144B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘SMC‘ BENCH

Before: SHRI ABY T. VARKEY & SHRI M.BALAGANESH

For Appellant: Shri Harsh Maru & Shri Gajendra
Hearing: 14/12/2022Pronounced: 14/12/2022

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in for A.Y. 2013-14 arises out of the order by the Ld. Commissioner of Income Tax (Appeals) - NFAC in appeal No. ITBA/NFAC/S/250/2022-23/1044648928(1) dated 13/08/2022 (ld. CIT(A) in short) against the order of assessment passed u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 30.03.2022 by the ld. Assessing Officer (hereinafter referred to as ld. AO).

2 Mukund Limited 2. At the outset, we find that Ld. CIT(A)-NFAC had dismissed the appeal of the assessee on the ground that assessee had filed Vivad-se- Vishwas Scheme (VSVS) and settled its dispute for the issues raised before the Ld. CIT(A).

3.

From the perusal of the ground no. 1 raised by the assessee before us, it is observed that assessee had not opted for VSVS to settle the dispute arising in the assessment framed u/s 147 r.w.s. 144B of the Act dated 30.03.2022. Hence, it can be safely concluded that Ld. CIT(A) had erred in dismissing the appeal on erroneous assumption of facts. Hence, we deem it fit and proper to remand this appeal to the file of Ld. CIT(A) for de novo adjudication in accordance with law. Assessee is at liberty to furnish further evidences, if any, in support of his contentions. It is needless to mention that assessee be given reasonable opportunity of being heard. Accordingly, this ground is allowed for statistical purposes.

4.

In the result, the appeal file by the assessee is allowed for statistical purposes.

Order pronounced on 14/12 /2022 by way of proper mentioning in the notice board.

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