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Income Tax Appellate Tribunal, DELHI BENCH : SMC : NEW DELHI
Before: SHRI C.M. GARG
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.
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.