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Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI
Before: SH. N. K. BILLAIYA & SH. YOGESH KUMAR US
Appellant Sh. Ankit Gupta, Advocate Respondent Sh. Vivek Sharma, CIT DR Date of hearing: 03/08/2022 Date of Pronouncement: 03/08/2022 ORDER PER N.K. BILLAIYA, AM:
8323/Del/2018 and 8325/Del/2018 are three separate appeals by the assessee preferred against the three separate orders of the CIT(A), Muzaffarnagar dated 27.09.2018 pertaining to A.Y.2008-09, 2009-10 and 2013-14.
At the very outset the Counsel for the assessee stated that the impugned appeals are in relation to the penalty levied by the AO u/s. 271 (1) (c) of the Act.
The Counsel pointed out that in so far as the quantum addition are concerned the quarrel has been settled under the DTVSVS Act, 2020 and, therefore, as per the relevant provisions of the Act no penalty should be levied u/s. 271 (1) (c) of the Act.
We have the benefit of the certificate issued by the designated authority in form No.5 which is an order for full and final settlement of tax arrear u/s. 5 (2) r.w.s. 6 of the DTVSVS Act, 2020. In our considered opinion where the quantum quarrel has been settled by the assessee under direct tax DTVSVS Act, 2020 no penalty should be levied u/s. 271 (1) (c) of the Act.
We accordingly restore the impugned appeals to the files of the AO. The AO is directed to decide the levy of penalty u/s. 271 (1) (c) of the Act in the light of the relevant provisions of the DTVSVS Act, 2020 after giving a reasonable and sufficient opportunity of being heard to the assessee.
With the above directions of the appeal are allowed.
Decision announced in the open court on 03.08.2022.