OIL & NATURAL GAS CORPORATION LIMITED,DEHRADUN V. ACIT CIRCL-1, DEHRADUN

ITA 143/DDN/2025

AI Insights

The case involves appeals by the Oil & Natural Gas Corporation Ltd. against the orders of the Commissioner of Income Tax (Appeals), Kochi, for the Assessment Years 2003-04 and 2008-09. The primary contention was that the CIT(A) had dismissed the appeals on the grounds that the tax disputes for the years in question had been settled under the 'VSV Scheme', which was incorrect as the Department had not approved the assessee's application under the scheme, nor had the assessee paid the due tax as per the scheme. Both parties agreed that the CIT(A)'s dismissal was based on a misunderstanding, leading to the Tribunal's decision to remand the case back to the CIT(A) for a fresh decision on merits.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 823047 (ITAT-DEHRADUN)
• Duration Of Justice: 4 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2003-2004
• Appeal Filed On: 12-08-2025
• Laws Referred To: VSV Scheme
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: POONAM SHARMA
• Assessee Lawyers: ARIJIT GHOSH
• Keywords: Set aside

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN BENCH, DEHRADUN BEFORE SH. YOGESH KUMAR U.S., JUDICIAL MEMBER & SH. MANISH AGARWAL, ACCOUNTANT MEMBER ITA No. 143/DDN/2025:Asstt. Year : 2003-04 ITA No. 142/DDN/2025:Asstt. Year : 2008-09 M/s Oil & Natural Gas Corporation Ltd., Chief General Manager (F&A)-CTD, Oil and natural Gas Corporation Ltd., Corporate Tax Division, 6th Floor, Tower-B, B. S. NegiBhawan, Tel Bhawan, Dehradun-248003 Vs DCIT, Circle-1, Dehradun-248001 (APPELLANT) (RESPONDENT) PAN No. AAACO1598A Assessee by: Sh. Arijit Ghosh, Adv. Revenue by: Ms. Poonam Sharma, CIT-DR Date of Hearing: 08.12.2025 Date of Pronouncement: 23.12.2025 ORDER PER YOGESH KUMAR U.S., JUDICIAL MEMBER: The present appealsare filed by the assessee against the order of the ld. Commissioner of Income Tax(Appeals)[‘Ld. CIT(A)’ for short], Kochi dated 18.06.2025for the Assessment Years 2003-04 & 2008-09, respectively. 2. The Ld. Counsel for the Assessee submitted that the Ld. CIT(A) dismissed the Appeals of the Assessee on the ground that ‘the tax dispute involved in the year under consideration has been settled by the Assessee’, however, the Department has not approved the application of the Assessee under ‘VSV Scheme’ and the Assessee has not paid the tax due as per the ‘VSV Scheme’.Therefore Ld. Assessee's Printed from counselvise.com ITA Nos. 142& 143/DDN/2025 Oil & Natural Gas Corporation Ltd. 2 Representative sought for setting aside the order of the Ld. CIT(A) and to remand the issue to the file of the Ld. CIT(A) to decide the first appeals on its merits. The Ld. Department's Representative has neither disputed nor objected for the above submission of the Ld. Assessee's Representative. 3. In view of the above, as the first appeals filed by the Assessee have been dismissed on the wrong notion of the Ld. CIT(A) that the tax disputes have been settled under VSV Scheme, we set aside the impugned orders of the Ld. CIT(A) and restore the issue to the file of the Ld. CIT(A) with a direction to decide the first appeals afresh in accordance with law for the year under consideration. 4. In the result, Appeals of the Assessee are partly allowed for statistical purpose. Order Pronounced in the Open Court on 23/12/2025. Sd/- Sd/- (MANISH AGARWAL) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 23/12/2025 *Subodh Kumar/R.N, Sr. PS* Copy forwarded to: Appellant 1. Respondent 2. CIT 3. CIT(Appeals) 4. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com ITA Nos. 142& 143/DDN/2025 Oil & Natural Gas Corporation Ltd. 3 Printed from counselvise.com "