Loading judgment…
Facts
The assessee's original assessment u/s 143(3) was settled under the Vivad Se Vishwas Scheme, 2020. Later, a reassessment order u/s 147 was passed, against which the assessee appealed to CIT(Appeals). The first appellate authority (NFAC) erroneously assumed that the issue in this reassessment appeal was also settled under the Vivad Se Vishwas Scheme.
Held
The Tribunal found that the NFAC's order was based on an erroneous assumption of fact regarding the Vivad Se Vishwas Scheme settlement. Consequently, the issues on merits pertaining to the reassessment were restored to the file of the CIT(Appeals) for a fresh order, ensuring the assessee is provided an opportunity of hearing.
Key Issues
Whether the first appellate authority erred in disposing of an appeal against a reassessment order by erroneously assuming the issue was settled under the Vivad Se Vishwas Scheme, 2020.
Sections Cited
143(3), 147, 148
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI
Before: SHRI G.S. PANNU & SHRI ANUBHAV SHARMA
O R D E R PER ANUBHAV SHARMA, JM:
Heard and perused the record.
Learned AR has pointed out that the impugned order of National Faceless Appeal Centre (NFAC), as first appellate authority, is based on erroneous assumption of the fact that the issue stands settled under Vivad Se Vishwas Scheme, 2020.
It comes up that assessee’s return was examined and assessment completed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), vide order dated 28.12.2016 against which assessee had approached in appeal before CIT(Appeals), but then settled the same in Vivad Se Vishwas Scheme, 2020. Subsequently, Department issued notice u/s 148 of the Act on 31.03.2021 and on reassessment of the alleged escaped income assessment order u/s 147 was passed on 29.03.2022 against which assessee had approached CIT(Appeals), wherein the impugned order is passed.
Learned DR could not dispute the aforesaid facts.
In the light of aforesaid, we are of the considered view there is apparent in the disposal of appeal at the end of NFAC. Thus issues on merits are required to be restored to the file of learned CIT(Appeals) to pass a fresh order, after giving opportunity of hearing to the assessee.
Appeal is allowed for statistical purposes.
Order pronounced in open court on 28.06.2024.