INFRASOFT TECHNOLOGIES LIMITED, MUMBAI V. ACIT CIRCLE -(1)(1), MUMBAI

ITA 703/MUM/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6293 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 18-04-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “C”, MUMBAI BEFORE SHRI G.S. PANNU, PRESIDENT AND SHRI ABY T. VARKEY, JUDICIAL MEMBER ITA NO. 703/MUM/2022 : A.Y : 2006-07 Infrasoft Technologies Limited Unit No. 86 & 87, 1 st floor, SDF III, SEEPZ SEZ, Andheri (E), Mumbai 400 096. PAN : AAACB2817R (Appellant) Vs. Asstt. Commissioner of Income Tax, Circle – 2(1)(1), Mumbai. (Respondent) Appellant by : Shri Vijay Mehta Respondent by : Shri Mehul Jain Date of Hearing : 17/06/2022 Date of Pronouncement : 17/06/2022 O R D E R PER ABY T. VARKEY, JM : This appeal is preferred by the assessee against the order of ld. Commissioner of Income Tax (Appeals) (NFAC), Delhi (hereinafter referred to as “CIT(A)”) dated 01.04.2022 for Assessment Year 2006-07. 2. Today, the matter was listed for early hearing. However, it was brought to our notice that the ld. CIT(A) has passed the impugned order on the erroneous assumption of fact that the assessee has availed the Vivad se Vishwas Scheme, 2020 (hereinafter referred to as “the Scheme”); and therefore, the ld. CIT(A) without going into the merits of the grounds of appeal 2 ITA No. 703/Mum/2022 Infrasoft Technologies Ltd. preferred by the assessee, has dismissed it. It was asserted that in view of the aforesaid, the matter would have to be set-aside back to the file of CIT(A). When the matter was put to the ld. Department Representative, he could not controvert the fact as pointed out by the learned representative for the assessee; and, he consented that the matter be set-aside to the file of the CIT(A) for consideration on merits. 3. We have heard both the parties and perused the record. We note that the ld. CIT(A) has dismissed the appeal preferred by the assessee on the wrong assumption of fact that the assessee has opted for the Scheme, whereas the assessee has not opted for the Scheme. In such a scenario, and in deference to the submission of both the sides, we set-aside the order of ld. CIT(A) and restore the appeal back to his file with a direction to decide the appeal de novo on merits in accordance with law. 4. In the result, appeal of the assessee is allowed for statistical purpose. The above decision was pronounced in the presence of both the parties at the conclusion of the hearing today, i.e. 17.06.2022. Sd/- Sd/- (G.S. PANNU) PRESIDENT (ABY T. VARKEY) JUDICIAL MEMBER Mumbai, Date : 17.06.2022 *SSL* 3 ITA No. 703/Mum/2022 Infrasoft Technologies Ltd. Copy to : 1) The Appellant 2) The Respondent 3) The CIT(A) concerned 4) The CIT concerned 5) The D.R, “C” Bench, Mumbai 6) Guard file By Order Asstt. Registrar/Sr. Private Secretary I.T.A.T, Mumbai