GND ISPAT PRIVATE LIMITED, RAIPUR,RAIPUR vs. ACIT, CENTRAL CIRCLE-2, RAIPUR, RAIPUR

ITA 725/RPR/2025Status: DisposedITAT Raipur17 March 2026AY 2015-16Bench: SHRI PARTHA SARATHI CHAUDHURY (Judicial Member), SHRI AVDHESH KUMAR MISHRA (Accountant Member)4 pages
AI SummaryAllowed for statistical purposes (Remanded)

What did the Tribunal hold?

The Tribunal agreed that the CIT(A) had erred in dismissing the appeal based on an incorrect assumption about the VSVS application. Without commenting on the merits, the Tribunal set aside the CIT(A)'s order and remitted the matter back to the CIT(A) for fresh adjudication on merits.

What were the facts?

The assessee was subjected to a search operation under Section 132 of the Income Tax Act, leading to assessments under Section 153A. Following the assessment, a penalty of Rs. 4,40,454/- was levied under Section 271(1)(c) due to additional income offered. The CIT(A) dismissed the assessee's appeal, erroneously assuming that the assessee had applied under the Vivad se Vishwas Scheme, when in fact no such application was filed.

What were the issues?

Whether the Commissioner of Income Tax (Appeals) erred in dismissing the assessee's appeal as infructuous by wrongly assuming the assessee had opted for the Vivad se Vishwas Scheme, when no such application was filed.

Which sections of the Income-tax Act were involved?

Section 250,Section 271(1)(c),Section 132,Section 153A,Section 139

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI PARTHA SARATHI CHAUDHURY, JM & SHRI AVDHESH KUMAR MISHRA, AM

Hearing: 06/03/2026

Per Avdhesh Kumar Mishra, AM: This appeal for Assessment Year (‘AY’) 2015-16 filed by the assessee is directed against the order dated 16.09.2025 of the Commissioner of Income Tax (Appeals), [‘CIT(A)’], Raipur-3 passed under section 250 of the Income Tax Act, 1961 (‘Act’).

2.

The grounds of appeal raised by the assessee are under:

“1. On the facts and circumstances of the case,

The order continues below.

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