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Judgment
PER SATBEER SINGH GODARA, JM
This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)[in short, the “CIT(A)”], Delhi-44’s DIN and order No. ITBA/APL/S/250/2025-26/1081831781(1), dated 16.10.2025 involving proceedings under section 250(6) of the Income-tax Act, 1961; hereinafter referred to as ‘the Act’.
Heard both the parties. Case file perused.
Learned counsel at the outset invites our attention to the CIT(A)/NFAC’s detailed discussion not granting the benefit of the Direct Tax Vivad se Vishwas Scheme, 2020; reading as under:
It is in this factual backdrop that the sole substantive issue which arises for our apt adjudication herein is as to whether the assessee’s declaration submitted and finalized under the aforesaid Vivad se Vishwas Scheme also includes the depreciation claim disallowance issue amounting to Rs. 55,35,929/- only. Faced with this situation, learned counsel takes up to page 28 of the paperbook i.e., Form-1 filed under the said scheme in schedule IV(B)(ii) stating the issue as Rs. 2,18,149,519/- inclusive of transfer pricing adjustment of Rs. 21,26,14,590/- and depreciation in question amounting to Rs. 55,34,929/-; respectively. This clinching factual position has gone unrebutted from the Revenue side. We thus find merit in the assessee’s instant sole substantive ground and direct the learned assessing authority to finalize its consequential computation in very terms.
This assessee’s appeal is allowed.