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Income Tax Appellate Tribunal, DELHI
Before: SH. ANIL CHATURVEDI & SH. ANUBHAV SHARMA
The assessee has filed the present appeal against the order dated 18.08.2020 in regard to assessment year 2013-14 passed by Commissioner of Income Tax (Appeals)-8, New Delhi whereby the penalty order dated 11.03.2019 passed u/s 271(1)(c) of the Income Tax Act, 1961 by ITO, Ward-23(1), New Delhi levying penalty of Rs. 2,47,200/- was upheld.
Seven Heaven Construction Pvt. Ltd. 2
As the case was called for hearing, application has been filed for withdrawal of the appeal and submitting that the quantum appeal has been dismissed, consequent to the settlement arrived by the assessee under the Direct Tax Vivad Se Viswas Act, 2020. Form no. 5 as issued to the assessee by the Revenue department on 17.02.2021 has been placed on record. It is settled proposition of law now that once quantum appeal is settled under the VSVS, the penalty appeal unless specifically not covered also deserves to be allowed.
However, the record shows that the appeal in hand is filed after limitation period and delay of 5 days and penalty order u/s 271(1)(c) of the Act and the assessment order u/s 143(3) of the Act have not been filed and registry has made objections in that regard.
In the light of aforesaid, the delay of 5 days is condoned and the appeal in hand is dismissed withdrawn with direction to the assessee to place on record, the penalty order and the assessment order in 7 days.
Order pronounced in the open court on 2nd August, 2022.