SURESH KUMAR KANWAR,NEW DELHI vs. ITO WARD 30(1), NEW DELHI

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ITA 5314/DEL/2019Status: DisposedITAT Delhi08 April 2022AY 2013-143 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 assessee had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020, and the designated authority had issued Form-5. The tribunal allowed the assessee's request for withdrawal.

What were the facts?

The assessee filed an appeal against a penalty order. During the hearing, the assessee's representative was absent but had submitted a letter seeking withdrawal of the appeal.

What were the issues?

Whether the appeal should be dismissed as withdrawn due to settlement under the Vivad Se Vishwas Scheme.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: ‘B’ NEW DELHI

Before: SHRI G.S. PANNU & SHRI SAKTIJIT DEY

For Respondent: Shri Umesh Takyar, Sr. DR
Hearing: 08.04.2022Pronounced: 08.04.2022

ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 01.04.2019 of learned Commissioner of Income-Tax (Appeals)-10, New Delhi, confirming penalty imposed of Rs.7,21,602 under Section 271(1)(c) of the Income-Tax Act, 1961.

2.

When the appeal was called out for hearing, none was present on behalf of the assessee. However, learned counsel for the assessee has filed a letter in the Registry, seeking withdrawal of the appeal as the dispute has been settled under the Vivad Se Vishwas Scheme, 2020.

3.

Learned Departmental Representative, on the other hand, did not express any objection to the withdrawal of appeal by the assessee.

4.

On perusal of material on record, it is noticed that assessee has opted for settling the dispute arising in the appeal under the Vivad Se Vishwas Scheme, 2020. Accepting assessee’s declaration, the designated authority has issued Form-5 on 01.03.2021. Thus, for all practical purposes, the dispute arising in the appeal has been settled.

5.

Considering the above, assessee’s request for withdrawal of appeal is allowed. Accordingly, the appeal is dismissed as withdrawn.

6.

In the result, the appeal is dismissed.

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