SURESH TRILOTKAR,MUMBAI vs. INCOME-TAX OFFICER 42(3)(4), MUMBAI

The NFAC erred ini not adjudicating the following ground of appeal - "The National Faceless Assessment Centre, New Delhi (hereinafter referred to as the Assessing Officer) erred in levying penalty of Rs 9,197 under section 270A of the Act. The appellant contends that on the facts and in the circumstances of the case and in law, the Assessing Officer ought not to have levied the impugned penalty under section 2704 of the Act inasmuch as the Assessing Officer has not appreciated the facts of the case in its entirety. The appellant craves leave to add to, alter or amend the aforestated ground of appeal” 2. At the outset the Ld.AR has submitted that the assessee preferred ‘Vivad se Vishwas Scheme 2024’ in respect of quantum appeal for assessment year 2017-18 and Form 4 has been issued in respect of the same. Scanned and reproduced here under is the Form 4 issued by the department :-

1 The Ld.AR thus prayed that in view of the above the penalty levied is to be deleted. 2.2 The Ld.DR agreed with the submissions of the Ld.AR. We have perused the submissions advance by both sides in the light of record placed before us. 3. As the assessee has settled the quantum appeal in VSV scheme no penalty can be levied. Accordingly the present appeal becomes infructuous. In the result the appeal filed by the assessee stands dismissed as infructuous. Order pronounced in the open court on 16/07/2025 (GIRISH AGRAWAL) Judicial Member Mumbai: Dated: 16/07/2025 Poonam Mirashi, Stenographer Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT (Appeals) (5) The DR, I.T.A.T.By order