M/S. ARTA BROCH CERAMICS PVT. LTD,BHARUCH vs. ITO, WARD-1(4), BHARUCH

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ITA 210/SRT/2020Status: DisposedITAT Surat24 December 2021AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal noted that the dispute in the quantum assessment was settled under the VSV-20 scheme. Consequently, the appeal against the penalty order was dismissed as withdrawn.

What were the facts?

The assessee appealed against a penalty order under Section 271(1)(c). During the pendency of the appeal, the assessee availed the Vivad se Visvas Scheme (VSV-20) and settled the quantum assessment dispute.

What were the issues?

Whether an appeal against a penalty order survives when the underlying quantum assessment dispute has been settled under the Vivad se Visvas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 254(1)

AI-generated summary — verify with the full judgment below

Assessee by Ms. Amrin Pathan, A.R Revenue by Mrs. Anupama Singla, Sr-DR Date of hearing 27.12.2021 Date of pronouncement 27.12.2021 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JUDICIAL MEMBER: 1. This appeal by assessee is directed against the orders of ld. Commissioner of Income tax (Appeals)-3, Vadodara, dated 25.08.2020, which in turn arises from the penalty imposed by Assessing Officer under section 271(1)(c) of the Income Tax Act, 1961 dated 29.09.2015 for assessment year 2012-13. The appeal came up hearing on today (27.12.2021). At the time of hearing the learned authorised representative (AR) of the assessee submits that the assessee has applied for seeking the benefits of Vivad se Visvas Scheme -2020 (VSV-20) in quantum assessment and settled dispute with the department and received Form-5 of VSV-20 from designated authority. The ld AR for the assessee further submits that once, the dispute in the quantum assessment is settled, the order of penalty would also be treated as settled. The learned AR for the assessee further submits that she may be allowed to withdraw this appeal.

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