M/S CHAMPION ADVANCE MATERIALS PVT LTD, MUMBAI V. DY COMMISSIONER OF INCOME TAX, CIRCLE-3(1)(1), MUMBAI

ITA 1974/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 0652 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 16-10-2022
• Assessment Year: 2014-2015
• Appeal Filed On: 09-08-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANOJ KATARUKA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘C‘ BENCH MUMBAI BEFORE: SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M.BALAGANESH, ACCOUNTANT MEMBER ITA No.1974/Mum/2022 (Assessment Year :2014-15) M/s Champion Advance Materials Pvt. Ltd 412, Embassy Centre, Nariman Point, Mumbai-400021 Vs. DCIT, Circle-3(1), Mumbai Aayakar Bhawan, M.K. Road, Mumbai-400020 PAN/GIR No.AAECC4301P (Appellant) .. (Respondent) Assessee by Mr. Manoj Kataruka, Adv. Revenue by Mr. Dharamvir D. Yadav Date of Hearing 17/10/2022 Date of Pronouncement 17/10/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): This appeal in ITA No. 1974/Mum/2022 for A.Y.2014-15 arises out of the order by the ld. Commissioner of Income Tax (Appeals)- National Faceless Appeal Centre (NFAC) in appeal No. NFAC/2013- 14/10118431 dated 30/06/2022 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/03/2022 by the ld. Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer, National Faceless Assessment Centre, Delhi (hereinafter referred to as ld. AO). ITA No.1974/Mum/2022 M/s. Champion Advance Materials Pvt. Ltd., 2 2. Though the assessee has raised the various grounds, but we deem it fit to adjudicate the preliminary ground raised by the assessee that the ld. CIT(A) had erred in dismissing the appeal as withdrawn which is contrary to the facts and material evidences on record. 3. We have heard rival submissions and perused the materials available on record. In this case, two assessments were framed on the assessee i.e. u/s.143(3) r.w.s. 147 of the Act. The impugned appeal arises from the proceedings u/s.143(3) r.w.s. 147 of the Act. The assessee had availed Vivad Se Vishwas Scheme in respect of disputes arising out of assessment framed u/s.143(3) of the Act. This fact was stated before the ld. CIT(A) when an appeal against 143(3) order was pending and the said appeal was dismissed by the ld. CIT(A). As far as the impugned appeal emanating out of the reassessment proceedings u/s.143(3) r.w.s.147 of the Act before the ld. CIT(A), the assessee had only sought adjournment before the ld. CIT(A) on the scheduled date of hearing. However, the ld. CIT(A) erred in concluding that assessee had availed Vivad Se Vishwas Scheme and dismissed the appeal as withdrawn. Before us the ld. AR stated that assessee had not availed Vivad Se Vishwas Scheme for settling its tax disputes arising out of assessment framed u/s.143(3) r.w.s. 147 of the Act. The ld. DR also fairly agreed on this fact. Hence, we deem it fit and appropriate in the interest of justice and fair play to remand this appeal to the file of the ld. CIT(A) for denovo adjudication in accordance with law for adjudication of all the grounds raised by the assessee before the ld. CIT(A).The assessee is also at liberty to raise additional grounds and additional evidences, if any to support its contentions. In view of above, adjudication of the other ITA No.1974/Mum/2022 M/s. Champion Advance Materials Pvt. Ltd., 3 grounds become academic in nature and assessee is at liberty to address all those grounds before the ld. CIT(A). 4. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open Court on 17/10/2022. Sd/- (VIKAS AWASTHY) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 17/10/2022 KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Sr. Private Secretary / Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//