VARDAAN INFRASTRUCTURES PRIVATE LIMITED,RAIPUR V. INCOME TAX OFFICER, WARD 4(1), RAIPUR, RAIPUR

ITA 834/RPR/2025

AI Insights

The case involves Vardaan Infrastructures Private Limited, which appealed against the order of the Commissioner of Income Tax (Appeals) concerning the reassessment for the Assessment Year 2013-14. The primary contention was the incorrect assumption by the CIT(A) that the assessee had opted for the Vivad Se Vishwas Scheme, 2020, which led to the dismissal of their appeal. The Tribunal noted that the assessee had not filed any declaration under the said scheme for the reopened assessment order and that the CIT(A)'s decision was based on incorrect facts. Additionally, the assessee challenged the legality of the notice issued under section 148 of the Act, claiming it was barred by limitation and based on a change of opinion without independent application of mind.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 835814 (ITAT-RAIPUR)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 30-12-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRIYANKA PATEL
• Assessee Lawyers: PRAVEEN KHANDELWAL
• Keywords: Set aside; Difference of opinion; Change of opinion; Audit objection
• Section: 147; 148; 143(3); 68

Judgement Text

" 1 आयकर अपीलीय अिधकरण, रायपुर Ɋायपीठ, रायपुर IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH, RAIPUR ŵी पाथŊ सारथी चौधरी, Ɋाियक सद˟ एवं ŵी अवधेश क ुमार िमŵ, लेखा सद˟ क े समƗ BEFORE SHRI PARTHA SARATHI CHAUDHURY, JM & SHRI AVDHESH KUMAR MISHRA, AM आयकर अपील सं. / ITA No: 834/RPR/2025 (िनधाŊरण वषŊ Assessment Year: 2013-14) Vardaan Infrastructures Private Limited, C/s Shankar Marbles, Ring Road 1, Santoshi Nagar, Raipur, Chhattisgarh, Vs Income Tax Officer, Ward 4(1), Ayakar Bhawan, Civil Lines, Raipur, Chhattisgarh, 492001 PAN: AADCV3823C (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) िनधाŊįरती की ओर से / Assessee by : Shri Praveen Khandelwal and Shri Praveen Goyal, CAs राजˢ की ओर से / Revenue by : Dr. Priyanka Patel, Sr. DR सुनवाई की तारीख / Date of Hearing : 09/02/2026 घोषणा की तारीख / Date of Pronouncement : 11/02/2026 आदेश / O R D E R Per Avdhesh Kumar Mishra, AM: This appeal for Assessment Year (‘AY’) 2013-14 filed by the assessee is directed against the order dated 06.11.2025 of Commissioner of Income Tax (Appeals), [‘CIT(A)’], National Faceless Appeal Centre (‘NFAC’), Delhi passed under section 250 of the Income Tax Act, 1961 (‘Act’). 2. The grounds of appeal raised by the assessee are under: “1. That on the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) erred in dismissing the appeal on an erroneous and unfounded assumption that the appellant had Printed from counselvise.com ITA No.834/RPR/2025 Vardaan Infrastructures Pvt Ltd. vs. ITO, Ward 4(1) 2 opted for the Vivad Se Vishwas Scheme, 2020, whereas, in fact, the appellant had never filed any declaration under the said scheme. Therefore, the impugned order is based on incorrect facts and deserves to be quashed. 2. That on the facts and in the circumstances of the case and in law, the notice issued u/s 148 of the Act dated 28/03/2021 by the assessing officer is illegal and barred by limitation as per first proviso to section 147 of the Act. 3. That on the facts and in the circumstances of the case and in law, the notice u/s 148 of the Act has been issued by the assessing officer on change of opinion, hence, illegal and bad in law. 4. That on the facts and in the circumstances of the case and in law, the notice u/s 148 of the Act has been issued on the basis of an audit objection and without independent application of mind, hence, illegal and bad in law. 5. That on the facts and in the circumstances of the case and in law, the assessment order passed u/s 147 r.w.s. 144B of the Act dated 30/03/2022 is illegal and void ab initio. 6. That on the facts and in the circumstances of the case and in 6 law, the assessing officer erred in making addition of Rs. 50,11,769/-under the head capital gain. 7. That on the facts and in the circumstances of the case and in law, the assessing officer erred in making addition u/s 68 of the Act of Re. 2,19,14,303/- on account of share application money and unsecured loan. 8. The appellant craves to add, alter OR DLEETE any of the grounds of appeal during the course of appellate proceedings.” 3. The relevant facts giving rise to this appeal are that the assessee filed its original Income Tax Return (‘ITR’) of the relevant year on 31.03.2014 declaring income of Rs.2,17,900/-. The case was picked up for scrutiny and consequential assessment was completed under section 143(3) of the Act on 31.03.2016. Later, the case was re-opened under section 148 of the Act. In response to the show- Printed from counselvise.com ITA No.834/RPR/2025 Vardaan Infrastructures Pvt Ltd. vs. ITO, Ward 4(1) 3 cause notice under section 148 of the Act, the assessee filed its ITR on 12.11.2021 declaring income of Rs.2,17,900/- (the income disclosed in original ITR). The re-opened assessment was completed at income of Rs.2,73,29,922/- vide order dated 30.03.2022 passed under section 147 r.w.s. 144B of the Act. Aggrieved, the assessee filed appeal before the Ld. CIT(A), who dismissed the appeal as under: “2. During appellate proceedings, as per details available on record, it is noted that Form 5 under Direct Taxes Vivad se Vishwas Act, 2020 dated 20.12.2021 has been issued by designated Authority i.e. the Principal Commissioner of Income Tax-1, Raipur for A.Y. 2013-14 under consideration covering captioned appeal. Since appellant has opted to avail benefit of Vivad Se Vishwas Scheme, 2020. Considering the request of assessee present appeal is dismissed as withdrawn.” 4. At the outset, Shri Praveen Khandelwal, Ld. Authorized Representative (‘AR’) of the assessee drew our attention to the fact that the Ld. CIT(A) had erred in dismissing the appeal on the reasoning that the assessee had filed an application under Vivad Se Vishwas Scheme, 2020 [‘VSVS’]. He submitted that the assessee had filed an application under VSVS against the original assessment order passed under section 143(3) of the Act on 31.03.2016 and not against the reopened assessment order passed under section 147 r.w.s. 144B of the Act on 30.03.2022. Thus, there was a factual mistake on the part of the Ld. CIT(A). He, therefore, prayed for remanding the matter back to the file of Ld. CIT(A) to adjudicate the appeal denovo. Printed from counselvise.com ITA No.834/RPR/2025 Vardaan Infrastructures Pvt Ltd. vs. ITO, Ward 4(1) 4 5. Dr. Priyanka Patel, Ld. Sr. DR did not raise any objection to the request of the Ld. AR. 6. We have heard both parties and perused the material available on the record. We find merit in the submission of the Ld. AR that the Ld. CIT(A) has erred in dismissing the appeal on the reasoning that the assessee has filed an application under VSVS. Considering the facts in entirety and without offering any categorical finding on the merit of the case, we deem it fit to set aside the impugned order and remit the matter back to the file of the Ld. CIT(A) for deciding the appeal afresh/denovo. Ordered accordingly. 7. In the result, the appeal of assessee is allowed as above. Order pronounced in the open court on 11/02/2026. Sd/-/- (PARTHA SARATHI CHAUDHURY) Sd/- /- (AVDHESH KUMAR MISHRA) Ɋाियक सद˟ / JUDICIAL MEMBER लेखा सद˟ / ACCOUNTANT MEMBER रायपुर / Raipur; िदनांक Dated 11/02/2026 HKS, PS आदेशकी Ůितिलिप अŤेिषत / Copy of the Order forwarded to : आदेशानुसार/ BY ORDER, //True copy// (Senior Private Secretary) आयकर अपीलीय अिधकरण, रायपुर / ITAT, Raipur 1. अपीलाथŎ/ The Appellant 2. ŮȑथŎ/ The Respondent 3. The Pr. CIT, Raipur (C.G.) 4. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण, रायपुर/ DR, ITAT, Raipur 5. गाडŊ फाईल / Guard file. Printed from counselvise.com "