CommScope India Private Limited (formerly known as Andrew Telecommunications India Private Limited), Goa V. Commissioner Of Income Tax (Appeals), NFAC, Delhi

ITA 678/BANG/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 9722 (ITAT-BANGALORE)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 03-08-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH : BANGALORE BEFORE SHRI. CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER ITA No. 678/Bang/2022 Assessment Year : 2014-15 M/s. CommScope India Pvt. Ltd., (formerly known as Andrew Telecommunications India Pvt. Ltd.), Plot no. N2, Phase IV, Verna Industrial Estate verna, Salcete, Goa – 403 722. PAN: AABCA8820A Vs. The Commissioner of Income Tax (Appeals), NFAC, Delhi. APPELLANT RESPONDENT Assessee by : Ms. Vaidehi G., CA & Shri Dhiraj R, Advocate Revenue by : Smt. Priyadarshini Baseganni, Addl. CIT (DR) Date of Hearing : 15-09-2022 Date of Pronouncement : 29-09-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal arises out of order dated 06/09/2021 passed by NFAC, Delhi for A.Y. 2014-15. 2. The only allegation raised by the Ld.AR is that the Ld.CIT(A) has dismissed the appeal by holding as under: Page 2 of 3 ITA No. 678/Bang/2022 “2.0 It is noted that the appellant opted for the Direct Tax Vivad Se Vishwas Scheme vide application dated 18.03.2021. Pursuant thereto, the PCIT (Central), Bengaluru has certified the full and final payment of Rs. 0/- as taxes in terms of Form No. 5 dated 27.05.2021. In view of the above, the appeal is treated as infructuous as sub section 2 of section 4 of the Direct Tax Vivad Se Vishwas Act, 2020.” 3. However, the Ld.AR submitted that assessee filed VsV scheme for order passed u/s. 143(3) dated 01/12/2016 in case of CommScope India Pvt. Ltd. The appeal that arised out of the 143(3) order was therefore withdrawn by the assessee on 06/09/2021 against which a Form 3 & 5 has also been issued subsequently. It is the submission of the Ld.AR that the appeal that was filed by the assessee before the Ld.CIT(A) was against an order passed u/s. 201 of the Act for which assessee had not opted for VsV scheme. The Ld.AR submitted that a mail to that effect was also sent to the NFAC on 11/07/2022, which was ignored and the appeal was dismissed on wrong assumption of fact. The Ld.DR did not object for the submissions made by the Ld.AR. We have perused the submissions advanced by both sides in the light of records placed before us. 4. We note that, the NFAC while passing the impugned order dismissed the appeal filed by assessee against an order passed by the Ld.AO u/s. 201 of the Act, by holding that, the same has been settled under VsV Act. This is factually incorrect as we verify from the documents placed before us. In the interest of justice, the present appeal is remanded back to the Ld.CIT(A) to adjudicate the issue on merits by passing a detailed order. Page 3 of 3 ITA No. 678/Bang/2022 Needless to say that proper opportunity of being heard must be granted to assessee. Accordingly, the grounds raised by the assessee stands allowed for statistical purposes. In the result, the appeal filed by the assessee stands allowed for statistical purposes. Order pronounced in open court on 29 th September, 2022. Sd/- Sd/- (CHANDRA POOJARI) (BEENA PILLAI) Accountant Member Judicial Member Bangalore, Dated, the 29 th September, 2022. /MS / Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, ITAT, Bangalore