BRR SECURITIES PRIVATE LIMITED,NEW DELHI V. DCIT CENTRAL CIRCLE 26, NEW DELHI

MA 32/DEL/2025

AI Insights

The case involves B. R. R. Securities (P) Ltd., the appellant, and the Deputy Commissioner of Income Tax (DCIT), the respondent. The appellant had initially opted to settle their disputes under the Direct Tax Vivad Se Vishwas Scheme, 2024, and filed Form No.1, which was subsequently rejected by the revenue. Consequently, the Tribunal had dismissed their appeals. However, upon the rejection of their settlement application, the appellant filed miscellaneous applications seeking the recall of the Tribunal's dismissal order. The Tribunal, upon reviewing the circumstances, decided to recall the dismissal and set the appeals for a hearing on merits.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 827791 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 10-02-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR ARORA
• Assessee Lawyers: SHILPI JAIN

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI BEFORE SH. C.N. PRASAD, JUDICIAL MEMBER M.A. No.32 & 33/DEL/2025 (Arising out of ITA No.3344 & 3345/Del/2024) Assessment Year: 2015-16 & 2016-17 B. R. R. Securities (P) Ltd. Shop No. 243, North Ex Mall, Sector-9, Rohini, New Delhi PAN No.AAACK5745K Vs DCIT New Delhi (APPELLANT) (RESPONDENT) Appellant by Sh. Shilpi Jain, CA Respondent by Sh. Ajay Kumar Arora, Sr. DR Date of hearing: 04/07/2025 Date of Pronouncement: 07/01/2026 ORDER PER C.N. PRASAD, JM: Through these miscellaneous applications the assessee requested for restoration of appeals in ITA No.3344/Del/2024 and 3345/Del/2024 for the A.Y. 2015-16 on the ground that the Tribunal dismissed the appeals of the assessee by order dated 03.12.2024 as the assessee had opted for settling the issues under Printed from counselvise.com Direct Tax Vivad Se Vishwas Scheme, 2024 and Form No.1 has already been filed. 2. The Ld. Counsel for the assessee submitted that Form No. 1 filed by the assessee on 05.12.2024 has been rejected by revenue stating that as per VSVS Scheme the assessee is not eligible for settling the issues since the assessment was completed u/s.153C r.w.s. 153A/143(3) of the Act. Therefore, the Ld. Counsel for the assessee stated that since the application filed by the assessee for settling the issues under Vivad Se Vishwas Scheme, 2024 has not been accepted by the revenue, the order of the Tribunal dismissing the appeal of the assessee for the A.Ys. 2013-14 and 2015-16 in ITA No.3344 and 3345/Del/2025 dated 03.12.2024 be recalled in the interest of justice. 3. On hearing both the sides and perusing the miscellaneous applications filed by the assessee we are of the view that these appeals have to be recalled for hearing on merits since revenue did not accept Form No.1 furnished by the assessee for settling the issues under Direct Tax Vivad Se Vishwas Scheme, 2024. Hence, the order of the Tribunal in ITA No.3344 and 3345/Del/2024 dated 03.12.2024 for the A.Y.s 2015-16 and 2016-17 is hereby recalled and the registry is directed to list the appeals for hearing on merits in due course and issue notice to the parties. 4. In the result, the miscellaneous applications filed by the assessee are allowed. Printed from counselvise.com Order pronounced in the open court on 07.01.2026. Sd/- [C.N. PRASAD] JUDICIAL MEMBER Dated: 07.01.2026 NEHA , Sr.P.S.* Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Printed from counselvise.com "