Sri Krishna Descalers Pvt. Ltd., Vadodara V. The Asstt. Commissioner of Income Tax, Circle-2(1)(1), Vadodara

ITA 328/AHD/2022

AI Insights

The case involves Sri Krishna Descalers Pvt Ltd, the appellant, who contested the dismissal of their appeal by the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi. The dismissal was related to an assessment order for the Assessment Year 2016-17 under section 143(3) of the Income Tax Act, 1961. The appellant had opted for the Vivad se Vishwas Scheme (VSVS) and submitted Form No.5, which pertained to a penalty under section 271(1)(b) but mistakenly led to the dismissal of the quantum appeal. The Tribunal, upon reviewing the submissions and the uncontroverted factual position presented by both parties, decided to set aside the NFAC's order and remand the case for a decision on its merits.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133550 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 12-04-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 22-08-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरणआयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण, अहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठअहमदाबाद 瀈यायपीठ अहमदाबाद 瀈यायपीठ ‘B’ अहमदाबाद। अहमदाबाद।अहमदाबाद। अहमदाबाद। IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, AHMEDABAD ] ] BEFORE SMT.ANNAPURNA GUPTA, ACCOUNTANT MEMBER AND T.R. SENTHIL KUMAR, JUDICIAL MEMBER ITA No.328/Ahd/2022 Assessment Year : 2016-17 Sri Krishna Descalers Pvt Ltd. 6/ B/H. Dashrath Bus-Stop Raj estate N.H. No.8, Darshrath Gujarat 391 740 PAN : AAMCS 7242 R Vs ACIT, Cir.2(1)(1) Vadodara. (Applicant) (Responent) Assessee by : Ms.Urvashi Shodhan, AR Revenue by : Shri Sudhendu Das, CIT-DR स ु नवाई क तार ख/D a t e o f H e a r i n g : 1 3 / 0 4 / 2 0 2 3 घोषणा क तार ख /D a t e o f P r o n o u n c e m e n t : 2 6 / 0 5 / 2 0 2 3 आदेश/O R D E R PER T.R. SENTHIL KUMAR, JUDICIAL MEMBER This appeal is filed by the assessee against the appellate order dated 20.06.2022 passed by the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC) Delhi arising out of the assessment order passed under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) relating to the Asst.Year 2016-17. 2. Solitary grievance of the assessee in this appeal is that its appeal was dismissed as withdrawn, since the assessee has opted for the Vivad se Vishwas Scheme (VSVS) and submitted Form no.5 ITA No.328/Ahd/2022 2 dated 14.12.2021. The assessee submits that the VSV scheme opted by the assessee is relating to the penalty levied under section 271(1)(b) of the Act, thus, the ld.NAFC by mistake dismissed the quantum appeal passed under section 143(3) of the Act for the very same Asst.Year 2016-17. Therefore, the ld.counsel for the assessee pleaded to restore present quantum appeal to the file of the ld.NAFC to decide the case on merits. 3. In this connection, the ld.counsel also placed before us copy of Form No.5 dated 14.12.2021 as well as appellate order dated 21.7.2022 dismissing the appeal filed under section 271(1)(b) which is covered by VSV scheme. 4. The ld.DR appearing for the Revenue could not controvert the above factual position and also has no objection to set aside the quantum appeal to the file of ld.NFAC for disposal on merits. 5. Recording the above statement, the impugned appellate order dated 20.6.2022 is hereby set aside to the file of NAFC with a direction to pass order on merits, by giving opportunity to the assessee. Thus, the grounds raised by the assessee are hereby allowed. 6. In the result, the appeal filed by the assessee is allowed for statistical purpose. Order pronounced in the Court on 26 th May, 2023 at Ahmedabad. Sd/- Sd/- (ANNAPURNA GUPTA) ACCOUNTANT MEMBER (T.R. SENTHIL KUMAR) JUDICIAL MEMBER Ahmedabad, dated 26/05/2023