Distt Cooperative Bank Ltd., Meerut V. ACIT-1, Moradabad

ITA 373/DEL/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6218 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 13-05-2024
• Assessment Year: 2014-2015
• Appeal Filed On: 30-01-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 147; 148; 143(3)

Judgement Text

1 ITA no. 373/Del/2024 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “B”: NEW DELHI BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No. 373/DEL/2024 [Assessment Year: 2014-15 Distt. Cooperative Bank Ltd., Civil Lines-2, Bijnor. PAN: AABFD 2205 R Vs National Faceless Assessment Centre, Delhi. APPELLANT RESPONDENT Assessee represented by Shri P.S. Kashyap, FCA Department represented by Shri B.K. Singh, Sr. DR Date of hearing 14.05.2024 Date of pronouncement 28.06.2024 O R D E R PER ANUBHAV SHARMA, JM: Heard and perused the record. 2. Learned AR has pointed out that the impugned order of National Faceless Appeal Centre (NFAC), as first appellate authority, is based on erroneous assumption of the fact that the issue stands settled under Vivad Se Vishwas Scheme, 2020. 3. It comes up that assessee’s return was examined and assessment completed u/s 143(3) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”), vide order dated 28.12.2016 against which assessee had approached in appeal before 2 ITA no. 373/Del/2024 CIT(Appeals), but then settled the same in Vivad Se Vishwas Scheme, 2020. Subsequently, Department issued notice u/s 148 of the Act on 31.03.2021 and on reassessment of the alleged escaped income assessment order u/s 147 was passed on 29.03.2022 against which assessee had approached CIT(Appeals), wherein the impugned order is passed. 4. Learned DR could not dispute the aforesaid facts. 5. In the light of aforesaid, we are of the considered view there is apparent in the disposal of appeal at the end of NFAC. Thus issues on merits are required to be restored to the file of learned CIT(Appeals) to pass a fresh order, after giving opportunity of hearing to the assessee. 6. Appeal is allowed for statistical purposes. Order pronounced in open court on 28.06.2024. Sd/- Sd/- (G.S. PANNU) (ANUBHAV SHARMA) VICE PRESIDENT JUDICIAL MEMBER *MP* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI