NAV TARANG TRAVELS PVT LTD,NEW DELHI vs. ACIT CIRCLE-17(2), NEW DELHI

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ITA 8260/DEL/2019Status: DisposedITAT Delhi16 June 2022AY 2006-073 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 held that the appeal had become infructuous due to the assessee opting for the Vivad se Vishwas Scheme. The appeal was treated as withdrawn and dismissed.

What were the facts?

The assessee filed an appeal against an order imposing a penalty under Section 271(1)(c). During the appellate proceedings, the assessee opted for the Vivad se Vishwas Scheme, 2020.

What were the issues?

Whether the appeal is infructuous due to the assessee opting for the Vivad se Vishwas Scheme.

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 ‘E’: NEW DELHI

ORDER PER ANADEE NATH MISSHRA, AM: (A) This appeal by Assessee is filed against the order of Learned

Commissioner of Income Tax (Appeals)-36, New Delhi [Ld. CIT(A)”, for short], dated 31.07.2019 for Assessment Year 2006-07.

Grounds taken in this appeal of Assessee are as under:

“1. That on the facts and circumstances of the case the Learned Commissioner of Income Tax (Appeals)-36 was not justified in deciding penalty of Rs.51,00,000/- as per section 271(1)(c) of the I.T. Act, 1961. 2. That the Ld. AO has erred in imposing penalty proceedings u/s 271(1)(c) of the I.T. Act, which is misconceived on facts and in law and liable to be deleted. Page 1 of 3

3.

That the above grounds of appeal are without prejudice to one another.

4.

That the assessee prays permission to add, delete or amend one or more grounds of appeal.”

(B) In the course of appellate proceedings in Income Tax Appellate Tribunal (“ITAT”, for short) the Learned Authorized Representative (“Ld. AR”, for short) for the assessee submitted a letter informing that the assessee has opted for Vivad se Vishwas Scheme, 2020 (“VSVS”, for short) and that the Designated Authority has already issued Form-3 under VSVS. A copy of Form-3 issued by the Designated Authority was also enclosed with the aforesaid letter. At the time of hearing, the Ld. AR submitted that the appeal has become infructuous in view of the assessee opting for VSVS; and that the appeal may be dismissed as withdrawn. Learned Senior Departmental Representative was in agreement with this.

After due consideration and in view of the foregoing, we are of the opinion that this appeal has become infructuous on account of aforesaid VSVS, and that this appeal may be treated as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal having become infructuous, is treated as withdrawn and is hereby dismissed.

(B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason the disputes under this appeal before us are not settled under the aforesaid VSVS, then the assessee will be at liberty to approach ITAT for restoration of this appeal in accordance with law.

(C) In the result, this appeal is dismissed.

This order was already pronounced orally on 15th June, 2022 in Open Court, in the presence of representatives of both sides, after conclusion of the hearing. Now this order in writing is signed today on 16.06.2022.

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