M/S. SALASAR HOLDINGS PVT. LTD. (SUCCESSOR TO GREENROSE COMMODITIES PVT. LTD.),KOLKATA V. I.T.O., WARD - 13(2), KOLKATA, KOLKATA

ITA 1460/KOL/2024

AI Insights

The case involves M/s Salasar Holdings Pvt. Ltd., which is the successor to Greenrose Commodities Pvt. Ltd., appealing against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi. The appeal was dismissed by the Ld. CIT(A) on the grounds that the assessee had opted for the Vivad Se Vishwas Scheme (VSVS) on 12.02.2021, which the assessee contested, stating that the application was actually made on 31.03.2021 against an original penalty order dated 30-03-2015, not against the order under appeal. The Tribunal found merit in the assessee's contention and set aside the CIT(A)'s order, restoring the case for a decision on its merits.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 36004 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2024
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

"आयकर अपीलȣय अͬधकरण, कोलकाता पीठ “सी’’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH: KOLKATA Įी राजेश क ुमार, लेखा सटèय एवं Įी Ĥदȣप क ुमार चौबे, ÛयाǓयक सदèय क े सम¢ [Before Shri Rajesh Kumar, Accountant Member &Shri Pradip Kumar Choubey, Judicial Member] I.T.A. No. 1460/Kol/2024 Assessment Year: 2012-13 M/s Salasar Holdings Pvt. Ltd. (successor to Greenrose Commodities Pvt. Ltd.) (PAN: AATCS 1741 A) Vs. ITO, Ward-13(2), Kolkata Appellant / ) अपीलाथȸ ( Respondent / Ĥ×यथȸ Date of Hearing / सुनवाई कȧ Ǔतͬथ 09.12.2024 Date of Pronouncement/ आदेश उɮघोषणा कȧ Ǔतͬथ 31.12.2024 For the assessee / Ǔनधा[ǐरती कȧ ओर से Shri Miraj D Shah, A.R For the revenue / राजèव कȧ ओर से Shri Guru Bhashyam, CITDR ORDER / आदेश Per Pradip Kumar Choubey, JM: This is the appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 23.01.2024 for the AY 2012-13. 2 I.T.A. No. 1460/Kol/2024 Assessment Year: 2012-13 M/s Salasar Holdings Pvt. Ltd.(Successor to Greenrose Commodities Pvt. Ltd.) 2. The Ld. Counsel for the assessee challenges the impugned order of the Ld. CIT(A) thereby submitting that the Ld. CIT(A) has dismissed the appeal of the assessee on the ground that the assessee has opted VSVS scheme vide application dated 12.02.2021 though in fact there was no application filed by the assessee rather the application under the Vivad Se Vishwas Scheme vide declaration dated 31.03.2021 was against the original penalty order passed by the AO on 30-03 -2015.The Ld. Counsel submits that the order passed by the Ld. CIT(A) may kindly be set aside with this direction to decide the case of the assessee on merit. 3. The Ld. D.R did not raise any objection. 4. We have gone through the order of the Ld. CIT(A) and find that the Ld. CIT(A) has dismissed the appeal of the assessee on the ground that the assessee opted VSVS scheme dated 12.02.2021 that he offered for VSVS scheme. The contention of the assessee is that he filed an application/ declaration to opt VSVS scheme was against the original penalty order not against the impugned order under appeal. Keeping in view, the above facts, the order passed by the Ld. CIT(A) is hereby set aside and case is restored in the file of Ld. CIT(A) for fresh adjudication on merit. The assessee is directed to place his case before the Ld. CIT(A). In the result, the appeal of the assessee is allowed for statistical purposes. Order is pronounced in the open court on 31st December, 2024 Sd/- Sd/- (Rajesh Kumar/राजेश क ुमार) (Pradip Kumar Choubey /Ĥदȣप क ुमार चौबे) Accountant Member/लेखा सदèय Judicial Member/ÛयाǓयक सदèय Dated: 31st December, 2024 SM, Sr. PS 3 I.T.A. No. 1460/Kol/2024 Assessment Year: 2012-13 M/s Salasar Holdings Pvt. Ltd.(Successor to Greenrose Commodities Pvt. Ltd.) Copy of the order forwarded to: 1. Appellant- M/s Salasar Holdings Pvt. Ltd., (successor to Greenrose Commodities Pvt. Ltd.), 8, Lyonds Range, Ground Floor, Kolkata-700001. 2. Respondent – ITO, Ward-13(2), Kolkata 3. Ld. CIT(A)-NFAC, Delhi 4. Ld. Pr. CIT- , Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata "