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

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.

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”.

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.

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.

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.

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.

In the result, appeal of the Assessee (in AY.2011-12) is dismissed as withdrawn.