PRAKASH CHAND GOYAL,DELHI vs. ITO WARD- 20(1), NEW DELHI

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ITA 9496/DEL/2019Status: DisposedITAT Delhi28 June 2022AY 2011-123 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the withdrawal of the appeal after noting that the assessee had opted for settlement under the Vivad Se Vishwas Act and the designated authority had issued Form 3. The appeal was accordingly dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against a penalty imposed under Section 271(1)(c) for AY 2011-12. The assessee sought to withdraw the appeal as they had opted to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020.

What were the issues?

Whether the appeal can be withdrawn by the assessee due to opting for settlement under the Direct Tax Vivad Se Vishwas Act, 2020.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI

Before: SHRI SAKTIJIT DEY & DR. BRR KUMAR

For Appellant: Shri V Rajakumar, Adv, Ms. Indu Sen, SR. DR
Hearing: 28.06.2022Pronounced: 28.06.2022

ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 11.11.2019 of learned Commissioner (Appeals)-7, New Delhi, confirming penalty imposed under Section 271(1)(c) of the Income-Tax Act, 1961 for the assessment year 2011-12.

2.

At the outset, learned counsel appearing for the assessee, on instructions, sought withdrawal of the appeal as assessee has opted for settling the dispute arising in the appeal under the Direct Tax Vivad Se Vishwas Act, 2020. A letter dated 28.06.2022 to this effect, enclosing Form 1, 2 and 3 under the Direct Tax Vivad Se Vishwas Rules, 2020 has been furnished before the Bench.

3.

Learned Departmental Representative did not oppose assessee’s request for withdrawal of the appeal.

4.

Having considered rival submissions and perused material available on record, we find, assessee has opted for settling the dispute, arising in the present appeal, under the Direct Tax Vivad Se Vishwas Act, 2020. It is also noticed, the designated authority has issued Form 3 on 06.01.2021, computing the tax liability of assessee under the aforesaid Scheme. Therefore, considering assessee’s request, we permit withdrawal of the present appeal. Accordingly, appeal is dismissed as withdrawn.

5.

Liberty is granted to the assessee to seek recall of this order and restoration of the present appeal, in case, assessee’s declaration under the Direct Tax Vivad Se Vishwas Act, 2020 is not accepted by the department for whatever may be the reason.

6.

In the result, the appeal is dismissed.

Order pronounced in the open court on 28th June, 2022.

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