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Income Tax Appellate Tribunal, JAIPUR BENCHES “B”, JAIPUR
Before: SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 82/JP/2021
ORDER PER: SANDEEP GOSAIN, J.M. This appeal has been filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi dated 21/06/2021 passed U/s 250 of the Income Tax Act, 1961 (in short, the Act) for the A.Y. 2013- 14, wherein following grounds have been taken: “1. In the facts and circumstances of the case and in law, ld. CIT(A) has erred in confirming the action of ld. AO in levying penalty of Rs. 46,179/- U/s 271(1)(c) of the Income Tax Act, 1961. The action of ld. CIT(A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by deleting the entire penalty levied by ld. AO and confirmed by ld. CIT(A).
2. In the facts and circumstances of the case and in law, ld. AO has erred in imposing penalty U/s 271(1)(c) without specifically 2 ITA 82/JP/2021_ Trimurty Colonizers & Builders P Ltd. Vs ACIT/DCIT pointing out in the show cause notice, whether the penalty was proposed on concealment of particulars of income or for furnishing inaccurate particulars of income. The action of the ld. AO is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the entire penalty proceedings.
3. The assessee company craves its rights to add, amend, or alter any of the grounds on or before the hearing.”
The hearing of the appeal was concluded through video conference in view of the prevailing situation of Covid-19 Pandemic.
At the time of hearing, the assessee moved an application for withdrawal of the present appeal.
The ld. CIT-DR has raised no objection, if the Bench permits the assessee to withdraw its appeal.
Considering the application filed by the assessee for withdrawal of the appeal, we permit the assessee to withdraw its appeal.
In the result, this appeal of the assessee is dismissed as withdrawn. Order pronounced in the open court on 05th October, 2021.