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

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.”

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.

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.

The ld. DR also fairly conceded this fact.

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.

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