HPS CONCRETE,NEW DELHI vs. DCIT CENTRAL CIRCLE, GHAZIABAD

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ITA 6224/DEL/2019Status: DisposedITAT Delhi06 July 2022AY 2017-182 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the penalty dispute was settled under the Vivad Se Vishwas Scheme and the liability discharged. Therefore, the penalty no longer survived.

What were the facts?

The assessee appealed against a penalty order confirmed by the CIT(A). The assessee had settled the penalty dispute under the Vivad Se Vishwas Scheme, 2020, and discharged the liability.

What were the issues?

Whether the appeal is maintainable when the penalty in dispute has been settled under the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(b),Section 250

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘B’ NEW DLEHI

Before: SHRI SHAMIM YAHYA & SHRI N.K. CHOUDHRY

For Appellant: Shri Deepesh Garg, Ld. Adv
For Respondent: Ms. Sangeeta Yadav, Ld. Sr. DR
Hearing: 06/07/2022

This appeal has been preferred by the assessee against the order dated 30.04.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-IV, New Delhi (in short “Ld. Commissioner”) u/s. 250 of the Income-Tax Act, 1961 (in short ‘the Act’) for the assessment year 2017-18, whereby penalty imposed by the Assessing Officer u/s. 271(1)(b) of the Act was affirmed.

2.

At the outset, it was submitted by the ld. Counsel of the Assessee that the Assessee, under Vivad Se Vishwas Scheme, 2020, has already settled the penalty dispute under consideration and discharged the liability by making payment and the Revenue Department has issued form No. 5 date 11.06.2021, consequently the penalty imposed does not survive and therefore the present appeal may be treated as withdrawn. Ld. DR did not refute the claim of the Assessee.

[2]

3.

Considering the factual position stated above, the present appeal arising out of the penalty order, deserves to be dismissed as withdrawn.

4.

In the result, the appeal of the Assessee stands dismissed as withdrawn.

Order pronounced in the open court on 06/07/2022

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