What did the Tribunal hold?

The Tribunal noted that the assessee had settled the quantum dispute and the penalty imposed does not survive. Therefore, the appeal was treated as withdrawn.

The assessee filed an appeal against an order for assessment year 2012-13. The assessee had settled the quantum dispute for the year under the Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal arising from a penalty order survives when the quantum dispute has been settled under the Vivad Se Vishwas Scheme.

Gurera Industries Ltd., New Delhi vs ITO | ITAT Delhi 2022

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

Before: SHRI PRADIP KUMAR KEDIA & SHRI N.K. CHOUDHRY

For Respondent: Shri B.K. Singh, Ld. Sr. DR

Hearing: 29/06/2022

This appeal has been preferred by the assessee against the order dated 10.06.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-4, New Delhi (in short “Ld. Commissioner”), u/s. 250 of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2012-13.

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 quantum dispute for the year under consideration and the Revenue Department has issued form No. 5 date 09.04.2021, the penalty imposed does not survive and therefore the present appeal may be treated as withdrawn.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]

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the factual position stated above, the present appeal arising out of the penalty order, deserves to be dismissed as withdrawn.

In the result, the appeal of the Assessee stands dismissed as withdrawn.

Order pronounced in the open court on 29/06/2022

GURERA INDUSTRIES LTD.,NEW DELHI vs. ITO WARD - 10(4), NEW DELHI

What did the Tribunal hold?

What were the facts?

What were the issues?

Which sections of the Income-tax Act were involved?

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