Jyoti Limited, Vadodara V. The Dy.CIT, Circle-1(1)(2), Vadodara

ITA 326/AHD/2022

AI Insights

The case involves Jyoti Limited, the appellant, contesting an appellate order from the NFAC, which dismissed their appeal concerning an assessment order under section 143(3) read with section 263 of the Income Tax Act, 1961, for the Assessment Year 2013-14. The NFAC had dismissed the appeal on the grounds that the assessee had availed the Vivad Se Vishwas Scheme for the same assessment year. However, the assessee clarified that the scheme was availed for a different assessment order dated 31-03-2016, and not for the re-assessment order dated 03-12-2018, which was the subject of the current appeal. Both parties agreed that the matter should be remanded back to the NFAC for a decision on merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 114090 (ITAT-AHMEDABAD)
• Duration Of Justice: 11 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 08-08-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 21-08-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH Before: Shri Waseem Ahmed, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Jyoti Limited, Nanubhai Amin Marg, Industrial Area, PO Chemical Industries, Vadodara-390003 Gujarat PAN: AAACJ4909N (Appellant) Vs The Dy.CIT, Circle-1(1)(2), Vadodara (Respondent) Assessee Represented: Shri M.J. Shah, A.R. & Shri Rushin Patel, A.R. Revenue Represented: Shri Sanjay Kumar, Sr. D.R. Date of hearing : 09-08-2023 Date of pronouncement : 11-08-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- This appeal is filed by the Assessee as against the appellate order dated 23.06.2022 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as “NFAC”), arising out of the assessment order passed under section 143(3) r.w.s. 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2013-14. ITA No. 326/Ahd/2022 Assessment Year 2013-14 I.T.A No. 326/Ahd/2022 A.Y. 2013-14 Page No Jyoti Limited vs. DCIT 2 2. At the outset, the Ld. Counsel Mr. M.J. Shah submitted that Ld. NFAC dismissed the appeal of the assessee on the ground that the assessee availed Vivad Se Vishwas Scheme vide declaration dated 31- 01-2021 and thereby Ld. NFAC dismissed the assessee appeal. Ld. Counsel clarified that the assessee availed Vivad Se Vishwas Scheme for the very same Assessment Year 2013-14, however as against the regular assessment order dated 31-03-2016 passed u/s. 143(3) of the Act, whereas the present appeal is arising out of the assessment order passed u/s. 143(3) r.w.s. 263 dated 03-12-2018 and the assessee has not availed Vivad Se Vishwas Scheme against this Re-assessment order. Therefore the impugned order is to be set aside back to the file of Ld. NFAC for adjudication on merits. 3. Per contra, Ld. D.R. has no objection to the above submissions of the assessee. 4. Recording the same, the above appeal filed by the Assessee is hereby set aside with a direction to Ld. NFAC to pass fresh order on merits after giving proper opportunities of hearing to the assessee. Thus the Grounds raised by the Assessee is hereby allowed. 5. In the result, the appeal filed by the Assessee is allowed for statistical purpose. Order pronounced in the open court on 11-08-2023 Sd/- Sd/- (WASEEM AHMED) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 11/08/2023 I.T.A No. 326/Ahd/2022 A.Y. 2013-14 Page No Jyoti Limited vs. DCIT 3 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, अहमदाबाद