ANS INDUSTRIES LTD,NEW DELHI V. ACIT, CIRCLE 2(2), NEW DELHI

ITA 2624/DEL/2023

AI Insights

The case involves ANS Industries Limited appealing against an order from the Learned Commissioner of Income-Tax (Appeals), Delhi-1/National Faceless Appeal Centre, which arose from an assessment order by the ACIT, Circle-2(2), New Delhi. The appeal was related to the assessment year 2015-16. The appellant had availed the Vivad Se Viswas Scheme, 2024, and submitted Form 1, indicating their intention to settle the dispute under this scheme. The tribunal referenced a decision by the Hon'ble Madras High Court, which allowed for the restoration of the appeal if the declaration under the scheme was not accepted. Consequently, the tribunal dismissed the appeal but granted the liberty to restore it if necessary.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 473267 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-03-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Other Referred Cases: Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020
• Laws Referred To: Income-Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MUNISH RAJANI
• Assessee Lawyers: AKARSH GARG; ADVS; FILING A MISCELLANEOUS PETITION
• Keywords: Question of law; Competent authority
• Section: 143(3)

Judgement Text

" INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “A”: NEW DELHI BEFORE SHRI VIMAL KUMAR, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No. 2624/Del/2023 Assessment Year: 2015-16 ANS Industries Limited, 144/2 ANS House Mathura Road Ashram, New Delhi PIN 1100 14 PAN No. AAACA5279Q Vs. ACIT, Circle-2(2), New Delhi (Appellant) (Respondent) O R D E R PER VIMAL KUMAR, JUDICIAL MEMBER: The appeal filed by the Assessee is against order dated 09.06.2023 of the Learned Commissioner of Income- Tax(Appeals),Delhi-1/National Faceless Appeal Centre(NFAC) (hereinafter referred as ‘Ld. CIT’) arising out of assessment order dated 30.12.2017 of the ACIT, Circle-2(2), New Delhi (hereinafter referred as ‘Ld. A.O.’) under Sections 143(3) of the Income-Tax Assessee by: Shri Akarsh Garg, Advs. Department by: Shri Munish Rajani, SR. DR Date of Hearing: 19.03.2025 Date of pronouncement: 19.03.2025 ITA No.2624/Del/2023 2 Act, 1961 (hereinafter referred as ‘the Act’) for the assessment years 2015-16. 2. The Learned Authorised Representative for the appellant/assessee vide letter dated 31.01.2025 has submitted that appellant/assessee has availed the Vivad Se Viswas Scheme, 2024 and submitted Form 1. 3. The assessee/appellant had also enclosed the evidence in that regard before us. Since, the assessee had already filed an application under Direct Tax “Vivad Se Viswas Scheme Act 2024”, there is no need to keep appeal pending before us in view of the decision of Hon'ble Madras High Court in the case of Nannusamy Mohan (HUF) vs. ACIT in T.C.A. No.372 of 2020 dated 16.10.2020, wherein the Hon’ble High Court after considering the intention of the assessee to avail the benefit of ‘Vivad se Vishwas Scheme 2020’ (VSV scheme), had dismissed the appeal by observing in Para 7 to 9 as under:- “7. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration to be filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for ITA No.2624/Del/2023 3 Restoration, the Registry shall place such petition before the Division Bench for orders. 8. In the light of the above, we direct the appellant/ assessee to file the Form No. 1 on or before 20.11.2020 and the competent authority shall process the application/ declaration in accordance with the Act and pass appropriate orders as expeditiously as possible preferably within a period of 6 (6) weeks from the date on which the declaration is filed in the proper form. 9. With this declaration, the Tax Case appeal stands disposed of with the aforementioned liberty and Consequently the Substantial Question of Law are left upon. No costs.” 4. In light of the view taken by Hon’ble Madras High Court cited (supra), we also give liberty to the assessee to get the appeal restored in the event that the assessee does not succeed on the declaration filed by the assessee under Direct Tax “Vivad Se Viswas Scheme-2024”. In other words, if the assessee’s declaration filed is not accepted by the Revenue for any reason whatsoever, the assessee can make a prayer before the Bench for recalling of the order by filing a miscellaneous application for restoration of appeal. The Registry will place such petition before the Bench concerned. ITA No.2624/Del/2023 4 5. In view of the aforesaid observations, we dismiss appeal with liberty to get them recalled in the eventuality of assessee’s declaration not getting accepted by the Revenue. 6. In the result, the appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 19/03/2025. Sd/- Sd/- (BRAJESH KUMAR SINGH) (VIMAL KUMAR) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 21/03/2025 Mohan Lal Copy forwarded to - 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi "