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Facts
The assessee company appealed against an order from the CIT(A) for Assessment Year 2010-11. The assessee had availed the Vivad Se Vishwas Scheme, 2020, and paid the tax, though inadvertently making a payment intended for AY 2010-11 into AY 2012-13. Form 26AS for both years had been rectified, and Form 5 under the VSVS Scheme was pending.
Held
The Tribunal found that the CIT(A) erred in passing an order on merit without considering that the assessee had availed the Vivad Se Vishwas Scheme, 2020, rectified the Form 26AS for both years, and was awaiting Form No. 5. Consequently, the Tribunal set aside the CIT(A)'s order.
Key Issues
Whether the CIT(A) was justified in passing an order on merit for AY 2010-11, despite the assessee having availed the Vivad Se Vishwas Scheme, 2020, rectified tax payment challans (Form 26AS), and awaiting Form 5 under the scheme.
Sections Cited
Vivad Se Vishwas Scheme, 2020
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “A” BENCH: KOLKATA
Before: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]
ORDER / आदेश Per Pradip Kumar Choubey, JM: This is the appeal preferred by the assessee against order of Commissioner of Income Tax (Appeal)-NFAC, Delhi (hereinafter referred to as the Ld. CIT(A)] dated 29.05.2024 for AY 2010-11.
The Ld. Counsel for the assessee at the time of argument has submitted that the assessee is availing the VSVS Scheme and has filed an application in this regard. The Assessment Year: 2010-11 Sri Panchmukhi Minerals Company Pvt. Ltd. Tax payable as per scheme in the case of the assessee company was fully paid and assessee is awaiting Form No. 5 from ACIT. The Ld. Counsel further submits that while making the payment for tax issued under VSVS Scheme, 2020. The assessee inadvertently made payment for AY 2010-11 into 2012-13 vice-versa. It has further been argued that the Ld. CIT(A) grossly erred in passing the order dated 29.05.2024 on merit without considering the merit form no. 26AS of both the years stand rectified as on date and form no. 5 under VSVS Scheme is pending.
Ld. D.R did not raise any objection.
Upon hearing the submission of counsel of respective parties, we find that the assessee has already availed VSVS scheme and he filed an application in this regard. Assessee filed following papers before us: i) Letter requesting issuance of Form 5 under VSV, 2020 dated 23.10.2025 to PCIT, CCIT, JCIT and AO. ii) Letter requesting issuance of Form 5 under VSV, 2020 dated 12.09.2024 & 05.08.2024 . (Stated as Annexure 1 in letter dated 23.10.2025) iii) Form 1 & 2 for AY 2010-11 dated 29.12.2020 iv) Form 3 for the AY 2010-11 dated 06.01.2021 v) Copy of Tax Payment Challan for the AY 2010-11 dated 31.03.2021 vi) Form 4 for AY 2010-11 dated 03.08.2023 vii) Form 26AS for AY 2010-11 evidencing rectified challan payments for the year viii) Form 1 & 2 for the AY 2012-13 dated 29.12.2020 ix) Form 3 for the AY 2012-13 dated 06.01.2021 x) Copy of Tax payment Challan for the AY 2012-13 dated 31.03.2021 xii) Form 26AS for the AY 2012-13 evidencing rectified challan payments for the year xiii)Copy of letter requesting withdrawals of appeal as assessee opted VSV, 2020 for the AY 2010-11 dated 03.05.2024, 07.03.2024, 16.11.2023, 04.08.2023, 22.04.2021 & 01.04.2021 xiv) Copy of Indemnity bond for the AY 2010-11 and 2012-13 along with a forwarding letter to the AO dated 22.06.2022.
Going over the facts of the case and aforesaid documents we find that order passed by the CIT(A) is erroneous as the CIT(A) without considering the fact that in the present case Form 26AS of both the years stands rectified as on date and the Form No. 5 under VSVs is pending. Keeping in view the above facts, we find any merit in the appeal, accordingly order passed by the CIT(A) is here by set aside.
In the result, the appeal filed by the assessee is allowed.
Order is pronounced in the open court on 25th February, 2025
Sd/- Sd/- (Rajesh Kumar/राजेश कुमार) (Pradip Kumar Choubey /�द�प कुमार चौबे) Accountant Member/लेखा सद�य Judicial Member/�या�यक सद�य Dated: 25th February, 2025 SM, Sr. PS Copy of the order forwarded to: 1. Appellant- Sri Panchmukhi Minerals company Pvt. Ltd. (amalgamated with M/s Sendoz Impex Pvt. Ltd.), 634, Marshall House, 33/1, N. S. Road, Kolkata- 700001 2. Respondent – DCIT, Circle-7(1),Kolkata (formerly Circle-9(2), Kolkata) 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail)