HINDUJA GLOBAL SOLUTION LIMITED,MUMBAI vs. COMMISSIONER OF INCOME TAX (APPEAL), NFAC (NFAC), DELHI, DELHI
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?
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.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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