CENTRAL INDIA MEDICAL TRUST,NAGPUR vs. ACIT (EXEMPTION), NAGPUR

ORDER PER NARENDER KUMAR CHOUDHRY, JM:

This appeal has been preferred by the assessee against the order dated 28/01/2025 impugned herein passed by the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi [in short, “Ld.Commissioner”] u/sec. 154 r.w.s. 250 of the Income Tax Act, 1961 (for short, “the Act”) for the Assessment Year (for short, “AY”) 2015-16.

2 ITA.No. 237/NAG/2025 2. It appears from the record and as demonstrated by the parties that the assessee had opted for Direct Tax Vivad Se Vishwas Scheme, 2024 (VSV scheme) for settling the appeal qua penalty imposed u/sec. 272A(2)(e) of the Act by filing Form No.1 on dated 30/09/2020. By taking cognizance of the Form No.1 the designated Revenue Authorities issued Form Nos.3 to 5 and in pursuance to the said forms, the assessee ultimately deposited the requisite amount of ` 13,275/– as determined by the assessee designated revenue authority in Form No.4 dated 16/10/2020 and consequently by taking cognizance of the aforesaid facts, the then CIT(A) in the appeal qua penalty proceedings, vide order dated 05/01/2021 accepted the settlement of the dispute and ultimately dismissed the appeal being infructuous.

3 ITA.No. 237/NAG/2025 5. This is really very strange, as admittedly, the assessee has not opted for VSV Scheme in this particular quantum appeal and it was brought to the knowledge of the Ld. Commissioner by filing revision application, he has not acted diligently, thus it is blatant mistake apparent from record. Hence, the impugned order is set aside and the case is remanded to the file of Ld. Commissioner for decision afresh on merits, suffice to say by affording reasonable opportunity of being heard to the assessee.