TENOVA TECHNOLOGIES PRIVATE LIMITED,THANE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), , BANGALORE

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ITA 233/BANG/2024Status: DisposedITAT Bangalore20 May 2024AY 2010-11Bench: SHRI CHANDRA POOJARI (Accountant Member), SHRI SOUNDARARAJAN K (Judicial Member)3 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee had not settled the dispute under the VSV Act. Therefore, the matter was remitted back to the NFAC to decide the appeal on its merits.

What were the facts?

The assessee's appeal was dismissed by the NFAC, New Delhi, who believed the issue was settled under the Vivad Se Vishwas Act (VSV Act). However, the assessee contended that the issue was not settled under the VSV Act.

What were the issues?

Whether the assessee's appeal was correctly dismissed by the NFAC based on a presumed settlement under the VSV Act, or if it should be decided on merits.

Which sections of the Income-tax Act were involved?

Section 4(2),Section 4(6),Section 5(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH : BANGALORE

Before: SHRI CHANDRA POOJARI & SHRI SOUNDARARAJAN K

For Appellant: Shri Ashik Shah, C.A
For Respondent: Ms. Neera Malhotra, JCIT(DR)
Hearing: 20.05.2024Pronounced: 20.05.2024

O R D E R Per Chandra Poojari, Accountant Member

The appeal by the assessee is directed against the order of NFAC, New Delhi both dated 13/12/2023 passed u/s 250 of the Act for the assessment years 2010-11.

2.

The grounds raised

by the assessee s reproduced as under:- “1. General Grounds 1.1. The Ld. CIT(A) erred in passing an order which is contrary to facts and circumstances of the case and in law by misapplying the provisions of the VSV Act and as such is liable to be quashed.

2. Grounds on withdrawal of appeal 2.1. The Ld. CIT(A) without considering the facts and circumstances of the case erroneously concluded that the provisions of the deemed withdrawal under section 4(2) of the VSV Act shall apply. 2.2. The Ld. CIT(A) without considering the provisions of section 4(6) of the VSV Act and the specific response filed by the Appellant dated 20 November 2023, erroneously passed the impugned order dismissing the appeal. The grounds of appeal raised by the Appellant herein are without prejudice to each other. The Appellant craves leave to add to and/or to alter, amend, rescind, modify the grounds herein above or produce further documents before or at the time of hearing of this Appeal.”

3.

The NFAC, New Delhi is dismissed the appeal of the assessee observing that the assessee has settled the issue in dispute vide sub. Sec. (2) of sec. 4 r.w.s 5(1) of Direct Tax Vivad Se Vishwas Act (DTVSVA) 2020, whereas the assessee has not settled this issue under this scheme.

4.

The assessee before us filed a detailed submissions and contented that the assessee has not settled the issue in dispute vide VSV Act, as such, the ground raised by the assessee is to be decided on merits.

5.

The ld. DR also fairly conceded this fact.

6.

Accordingly, the entire issue in dispute is remitted back to the file of NFAC, New Delhi to decide the same on merit after giving reasonable opportunity of being heard to the assessee.

7.

In the result, the appeal of the assessee is allowed for statistical purposes.

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