SHRI MEHUL YASHWANTRAI MEHTA,SURAT vs. INCOME TAX OFFICER, WARD-2, SURAT

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ITA 570/SRT/2018Status: DisposedITAT Surat02 July 2021AY 2011-123 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the assessee had settled its quantum appeal under the Vivad se Vishwas Scheme, the penalty appeal would not survive. Consequently, the penalty appeal was dismissed.

What were the facts?

The assessee's appeal pertained to a penalty under section 271(1)(c) for assessment year 2011-12. The assessee had opted for the Direct Tax Vivad Se Vishwas Act, 2020, to settle its quantum appeal for the same assessment year.

What were the issues?

Whether a penalty under section 271(1)(c) survives when the underlying quantum appeal has been settled under the Vivad se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

Before: SHRI PAWAN SINGH, JM & DR. A. L. SAINI, AM

For Appellant: Shri Sapnesh Sheth - CA
Hearing: 02/07/2021Pronounced: 02/07/2021

O R D E R

PER DR. A. L. SAINI, ACCOUNTANT MEMBER:

1.

Captioned appeal filed by the assessee pertaining to the assessment year 2011-12, is directed against the order passed by the ld.Commissioner of Income Tax(Appeals)-1, Surat under section 271(1)(c) of the Act, 1961 dated 02.07.2018.

2.

At the outset itself, we note that Shri Sapnesh Sheth, CA appeared on behalf of the assessee has submitted an application through Email dated 01.07.2021 stating therein that the assessee has opted the benefit of the “Direct Tax Vivad Se Vishwas Act, 2020”.

3.

We have heard Ld.Departmental Representative for the Revenue and note that assessee’s appeal in 2011-12, which relates to penalty under section 271(1)(c) of the Act, has listed for hearing today i.e. on 02.07.2021. At the time of hearing, the ld.Counsel for the assessee informs that that the quantum appeal filed by the assessee for the same assessment year 2011-12 bearing has already been dismissed by the ITAT Surat Bench vide order dated 12.01.2021, under the scheme of VSVS.

A.Y. 2011-12 Shri Mehul Yashwantrai Mehta

4.

In respect of quantum appeal (ITA No.32/AHD/2016), the assessee has already filed an application in Form No.1 and 2 for settlement of its case under the Vivad se Vishwas Scheme 2020. The assessee’s application under Vivad Se Vishwas Scheme, for its quantum appeal has been approved by the Ld.Pr.CIT, Surat-1. The assessee submitted Form No.3, before us, in respect of its quantum appeal in bearing Certificate No.808971160121220 dated 12.12.2020.

5.

Since the assessee has settled its quantum appeal under VSVS Scheme, as noted above, therefore penalty under section 271(1)(c) of the Act (penalty relating to quantum appeal) in would not survive, that is quantum has been deleted, so penalty would not be imposed, hence, we dismiss the penalty appeal under section 271(1)(c) of the Act.

6.

We make it clear that if the application preferred by the assessee under Vivad Se Vishwas for its quantum appeal number in does not get finally settled for any reason whatsoever, then assessee is at liberty to move an application before this Tribunal praying for recalling this order, then this order may be recalled.

7.

In the result, appeal of the Assessee (in AY.2011-12) is dismissed as withdrawn.

Order is pronounced at the time of hearing of appeal on 02/07/2021 in the Virtual Court of hearing.

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