HINDUJA GLOBAL SOLUTION LIMITED,MUMBAI vs. COMMISSIONER OF INCOME TAX (APPEAL), NFAC (NFAC), DELHI, DELHI

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ITA 1047/MUM/2022Status: DisposedITAT Mumbai30 June 2022AY 2013-143 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) failed to provide a speaking order addressing the assessee's plea regarding the scope of the Vivad Se Vishwas settlement. The matter was remitted back to the CIT(A) for fresh adjudication.

What were the facts?

The assessee's appeal against a rectification order under Section 154 was dismissed by the CIT(A) on the grounds that the assessee had opted for the Vivad Se Vishwas Scheme. The assessee contended that the scheme settlement was for the original assessment order, not the rectification order.

What were the issues?

Whether the Vivad Se Vishwas settlement for the original assessment order also covers a subsequent rectification order. Whether the CIT(A) erred in dismissing the appeal without a speaking order.

Which sections of the Income-tax Act were involved?

Section 154,Section 143(3),Section 90

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI B BENCH, MUMBAI

Per Pramod Kumar VP 1. This is an appeal filed by the assessee and is directed against the order dated 14.03.2022 in the matter of rectification on mistake u/s. 154 of the Income Tax Act 1961, for the assessment year 2013-14. 2. Grievances raised by the assessee are as follows:- On the facts and circumstances of the case and in law, the Hon'ble Commissioner of Income-Tax (Appeal) erred in dismissing the appeal filed by the Appellant against the rectification order under section 154 of the IT Act by stating that the Appellant has applied for Vivad Se Vishwas Scheme ('VSVS') - 2020 and that the Appellant has been issued granted Form 5 VSVS-2020 and hence the appeal has become in fructuous. The Appellant states that the Hon'ble CIT(A) erred in not considering the fact that the Appellant had applied for VSVS - 2020 in respect of assessment order passed under section 143(3) of the Act and not in respect of the appeal against rectification order under section 154 of the Act.

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