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(A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax, New Delhi-36, [“Ld. CIT”, for short], dated 25.09.2018 for Assessment Year 2008-09. Grounds taken in this appeal of Assessee are as under:
The applicant has filed the above said appeal No. 7902/Del/18 on 12th December 2018 against the order dated 25.09.2018 passed by the learned Commissioner of Income Tax (A)-36, New Delhi under Section 250 of the Income Tax Act.
ITA No.- 7902/Del/2018 Narendra Press Tech Pvt. Ltd.
That while filing the appeal, the applicant has raised 4 grounds of appeal.
That while filing the appeal the appellant inadvertently has left out the grounds of appeal on the issue of legality of the proceedings u/s 147 r.w.s. 148 of the Act.
That accordingly, the applicant is filing additional grounds of appeal.
5. That it is submitted that the following additional grounds may kindly be taken as the same goes to the root of the issue and all the facts are already on record. I. On facts and circumstances of the case, the Ld. AO has erred, both in law and on facts, in initiating the proceedings u/s 147 r.w.s. 148 of the Act, without complying with the statutory provisions of the Act. II. On facts and circumstances of the case, the Ld. AO has erred, both in law and on facts, in initiating the proceedings u/s 147 r.w.s. 148 of the Act, without approving a proper sanction as required by Sec 151 of the Act.
III. On the facts and circumstances of the case, the d. AO has erred both in law and on facts, in completing the proceedings u/s. 143 (3) r.w.s 148 of the Act, without issuing any notice u/s. 143 (2) of the Act.
The above additional grounds of appeal are legal grounds arising from the assessment order, and a submission on the same was also mades before Ld. CIT(A). Further, we also place our reliance on the judgement of Hon’ble Apex Court, in the case of National Thermal Power Co. Ltd. Vs Commissioner of Income-tax, [1998] 229 ITR 383 (SC), wherein, it has been held that an appellant may raise additional grounds of appeal before the Hon'ble Tribunal,
ITA No.- 7902/Del/2018 Narendra Press Tech Pvt. Ltd. even if the same was not taken before the CIT(A) and has been taken up for the first time before the Hon'ble Bench. 7. In the interest of justice, it is prayed before your honors that the additional grounds may be admitted and adjudicated.
(B) At the time of hearing, the learned Authorized Representative (“Ld. AR”, for short) for the Assessee informed us that the assessee has opted to settle the aforementioned appeal under Vivad Se Vishwas Scheme, 2020 (“VSVS”, for short) and that the assessee has filed the relevant forms. He drew our attention to letter dated 22nd November, 2021 from assessee’s side in Income Tax Appellate Tribunal (“ITAT”, for short) giving intimation of the same. It was also brought to our attention that Form- 4 has been filed by the assessee and Form-5 (to be) issued by the Designated Authority under aforesaid VSVS is awaited.
In view of this, the learned AR as well as the Learned Commissioner of Income Tax (Departmental Representative) [“Ld. CIT(DR), for short] submitted before us that this appeal may be treated as withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and this appeal may be treated as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed.
(B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under this appeal before us are not settled under the ITA No.- 7902/Del/2018 Narendra Press Tech Pvt. Ltd. aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of this appeal, in accordance with law.
(C) In the result, this appeal is dismissed.
This order was already pronounced orally on 23rd November, 2021 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 23.11.2021.