RAJINDER KUMAR,NEW DELHI vs. ITO, WARD-49(3), NEW DELHI

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ITA 7501/DEL/2019Status: DisposedITAT Delhi13 September 2022AY 2010-112 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the quantum appeal was settled under the Vivad Se Vishwas Act, the penalty under Section 271(1)(c) does not survive. The AO was directed to delete the penalty.

What were the facts?

The assessee's quantum appeal for AY 2010-11 was settled under the Vivad Se Vishwas Act, 2020. This settlement also granted immunity from penalty under Section 271(1)(c).

What were the issues?

Whether penalty under Section 271(1)(c) survives when the underlying quantum appeal is settled under the Vivad Se Vishwas Act, 2020.

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, DELHI BENCH : SMC : NEW DELHI

Before: SHRI C.M. GARG

For Appellant: Shri Manu K Giri, Advocate
For Respondent: Shri Mithalesh Kr. Pandey, Sr. DR
Hearing: 13.09.2022Pronounced: 13.09.2022

BEFORE SHRI C.M. GARG, JUDICIAL MEMBER Assessment Year: 2010-11 Rajinder Kumar, Vs. ITO, WH-75, Mayapuri Industrial Ward-49(3), Area, Phase-I, New Delhi. New Delhi. PAN: AAIPK1398K (Appellant) (Respondent) Assessee by : Shri Manu K Giri, Advocate Revenue by : Shri Mithalesh Kr. Pandey, Sr. DR Date of Hearing : 13.09.2022 Date of Pronouncement : 13.09.2022 ORDER This appeal filed by the assessee is directed against the order dated 06.08.2019 of the CIT(A)-17, New Delhi, relating to Assessment Year 2010-11.

2.

The quantum appeal of the assessee has been settled under Vivad Se Vishwas Act, 2020, which is clear from Form No.5 filed by the assessee. At the same time, it is also clear that clause (b) of Form No.5 clearly grants immunity from penalty u/s 271(1)(c) of the Act to the assessee. Therefore, this appeal filed by the assessee against imposition of penalty u/s 271(1)(c) of the Act deserves to be allowed in view of the settlement of the dispute regarding quantum under Vivad Se Vishwas Act, 2020. The ld. Sr. DR has also agreed to the above legal situation and submitted that when the quantum appeal has been dismissed in pursuance of the settlement of the dispute under Vivad Se Vishwas Act, 2020, the penalty u/s 271(1)(c) of the Act does not survive against the assessee. In view of the above, the AO is directed to delete the penalty.

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