2022 (7) TMI 1524 - AT - Income Tax

Appeal dismissed as infructuous on the ground that the assessee has opted for Vivad Se Vishwas Scheme - HELD THAT - As per statement made AR, assessee has not opted for VSVS in respect of disallowance u/s 40(a)(ia). Considering the same, the impugned order is set aside and Ld. CIT(A) is directed to adjudicate the issue on merits. Appeal stand allowed for statistical purposes.

Summary

Issues: Appeal against dismissal under Vivad Se Vishwas Scheme for disallowance u/s 40(a)(ia) for Rs.226.73 Lacs.

Analysis:
1. The appeal for Assessment Year (AY) 2011-12 was filed by the assessee challenging the order of the Commissioner of Income Tax (Appeals) dated 02.06.2021. The assessment was framed by the Assessing Officer on 22.08.2017 following the Tribunal's order in ITA No.1071/Mds/2016 dated 03.03.2017.

2. The Appellant's representative argued that the appeal was erroneously dismissed by the Commissioner under the assumption that it had become infructuous due to the assessee's application under the Vivad Se Vishwas Scheme. It was clarified that the dispute regarding disallowance u/s 40(a)(ia) for Rs.226.73 Lacs was not resolved under the scheme. The Appellant requested the matter to be remitted back to the Commissioner for a substantive review. The Senior Departmental Representative did not challenge this assertion.

3. Upon review of the impugned order, it was evident that the appeal was deemed infructuous based on the assessee's participation in the Vivad Se Vishwas Scheme. However, the Appellant had not availed the scheme for the specific disallowance u/s 40(a)(ia). In light of this discrepancy, the order was set aside, and the Commissioner was directed to re-examine the issue on its merits.

4. The Tribunal allowed the appeal solely for statistical purposes, indicating that the decision was based on procedural grounds rather than a substantive assessment of the underlying tax liability.

5. The judgment was pronounced on 21st July, 2022, marking the conclusion of the Tribunal's decision on the matter, emphasizing the importance of accurate application and interpretation of tax schemes to avoid premature dismissals and ensure fair adjudication of tax disputes.