SHRI RAJENDRA KUMAR BAGMAR,CHENNAI vs. ACIT, CHENNAI

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ITA 437/CHNY/2022Status: DisposedITAT Chennai21 July 2022AY 2010-112 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal directed the Assessing Officer to re-compute the income and verify if the additions were part of the scheme settlement. If Form-5 was in order, the demand arising from settled additions was to be deleted.

What were the facts?

The assessee opted for the Vivad Se Vishwas Scheme during set-aside proceedings. The Assessing Officer rejected the plea due to lack of documents and made additions. The CIT(A) dismissed the appeal as infructuous after the assessee settled the matter under the scheme.

What were the issues?

Whether the demand arising from additions made by the AO should stand when the assessee has settled the dispute under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 144,Section 254

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH, CHENNAI

Before: HON’BLE SHRI MAHAVIR SINGH & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2010-11 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 19.04.2022 in the matter of an assessment framed by learned Assessing Officer u/s 144 r.w.s. 254 of the Act on 17.09.2021 pursuant to the order of Tribunal dated 19.12.2017 remitting the matter back to the file of Ld. AO.

2.

During set-aside proceedings, the assessee submitted that it has opted for Vivad Se Vishwas Scheme. However, in the absence of any supporting documents, the plea was rejected and the assessment was framed with certain additions. The Ld. CIT(A) dismissed the appeal as infructuous since the matter was settled by the assessee in the scheme with payment of taxes as evidenced by Form-5 dated 30.10.2021. The grievance of the assessee is that the demand arising out of assessment order still stands against the assessee.

3.

It is undisputed position that the assessee has settled the dispute for the year under Vivad Se Vishwas Scheme and paid due taxes as evidenced by Form-5 dated 30.10.2021. Therefore, Ld. AO is directed to re-compute the assessee’s income and verify that the impugned additions are subject matter of settlement under the scheme. If Form-5 is found to be in order, Ld. AO is directed to delete the demand arising out of additions which have been settled under the scheme. 4. The appeal stand allowed in terms of our above order.

Order pronounced on 21st July, 2022.

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