SMT. RAKHI JAIN,DAMOH vs. INCOME TAX OFFICER, DAMOH

ITA 150/JAB/2018Status: DisposedITAT Jabalpur21 June 2021AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal allowed the assessee to withdraw the appeal as it had opted for the Vivad Se Viswas Scheme. The scheme effectively makes the appeal unmaintainable.

What were the facts?

The assessee had appealed against a penalty levied under Section 271(1)(c) for AY 2011-12. The assessee subsequently opted for the Vivad Se Viswas Scheme and received the requisite certificate.

What were the issues?

Whether an appeal against a penalty order is maintainable after opting for the Vivad Se Viswas 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, JABALPUR BENCH,

Before: SH. SANJAY ARORA, HONBLE

For Respondent: Ms. Swati Aggarwal, Sr. DR
Hearing: 21/06/2021Pronounced: 21/06/2021

Per Sanjay Arora, AM This is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-1, Jabalpur (‘CIT (A)’ for short) dated 03/07/2018, dismissing the assessee’s appeal contesting the levy of penalty under section 271(1)(c) of the Income Tax Act, 1961 ('the Act' hereinafter) for the Assessment Year (AY) 2011-12 vide Order dated 11/8/2014. 2. At the very outset, it was submitted by the ld. counsel for the assessee, Shri Modh, that the assessee has opted for ‘Vivad Se Viswas Scheme, 2019’ (‘VsV Scheme), depositing the requisite tax thereunder with the Central Government. The requisite certificate under The Direct Tax Vivad Se Viswas Act, 2020 (‘DTVsV Act’) read with the relevant Rule, i.e.,

The order continues below.

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