ANJALI HARDIKAR,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 3, PUNE

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ITA 1737/PUN/2018Status: DisposedITAT Pune01 January 2021AY 2011-122 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against a penalty order. Subsequently, the assessee filed a withdrawal application citing acceptance of their application under VSVS and determination of tax liability. The Revenue did not object to the withdrawal.

What were the issues?

The primary issue was whether the assessee should be allowed to withdraw their appeal after filing a settlement application.

Which sections of the Income-tax Act were involved?

Section 271B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI R.S. SYAL & SHRI S.S. VISHWANETHRA RAVI, JM

Hearing: 01.01.2021Pronounced: 01.01.2021

आदेश / ORDER

1.

This appeal by the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals) – 3, Pune on 10.09.2018 in relation to the assessment year 2011-12.

2.

Before us, the assessee has filed a letter dated 24.12.2020 seeking withdrawal of the appeal. The relevant contents of such letter reads as under :

“With reference to the above, we would like to submit to your honour that the Ld. AO had levied, the penalty of Rs. 1,50,000/- U/S 271B of the Income Tax Act, 1961 vide order dated 29,03.2017. The assessee had preferred an appeal before the Ld. Commissioner of Income Tax (Appeals) against the AO's order levying penalty. The Ld. Commissioner of Income Tax (Appeals) confirmed the Ld. AO's action of levying penalty vide order dated 18.09.2018. The appellant had preferred an appeal before the Hon'ble Income Tax Appellate Tribunal, Pune against order passed by Ld. Commissioner of Income Tax (Appeals). Later on the assessee company has filed an application under VSVS in Form 1 and Form 2 on 19.12.2020. The Ld. Principal Commissioner of Income Tax, Pune - 2 has accepted the said application filed by the assessee and determined the amount of tax in Form 3 vide certificate number 868112320221220 on 22.12.2020. The copy of the same has been enclosed herewith for your kind perusal. Hence, we would like to withdraw the said appeal and request your honour to kindly do the needful and oblige.”

3.

The ld. DR did not raise any objection to the withdrawal of the appeal filed by the assessee. As such, the assessee is permitted to withdraw the appeal.

4.

In the result, the appeal is dismissed as ‘withdrawn’.

Order pronounced in the open Court on 1st January, 2021.

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