MAHARUKH RAFAT KHAN ,MUMBAI vs. WARD 23(2)(1), MUMBAI

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ITA 4690/MUM/2024Status: DisposedITAT Mumbai17 March 2025AY 2020-21Bench: SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER SMT. RENU JAUHRI (Accountant Member)1 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The tribunal noted that the Assessee had settled the dispute under 'The Direct Tax Vivad Se Vishwaas Scheme, 2024'. Therefore, the present appeal was dismissed as withdrawn.

What were the facts?

The Assessee challenged a penalty order under Section 270A and a CIT(A) order dismissing their appeal. The dispute was related to penalty imposed by the Assessing Officer.

What were the issues?

Whether the penalty imposed under Section 270A was justified. Whether the Assessee is eligible for settlement under Vivad Se Vishwaas Scheme.

Which sections of the Income-tax Act were involved?

Section 270A,Section 271A,Section 54,Section 270A(9)(A)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, D” BENCH, MUMBAI

order : 17.03.2025 O R D E R Per Rahul Chaudhary, Judicial Member:

1.

1. 1. By way of the present appeal the Assessee has challenged the order dated 19/07/2024, passed by the National Faceless Appeal Centre (NFAC), Delhi, [hereinafter referred to as the ‘CIT(A)’], whereby the Ld. CIT(A) had dismissed the appeal of the Assessee against the Penalty Order, dated 16/03/2023, passed under Section 270A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for the Assessment Year 2020-2021.

2. The Assessee has raised following grounds of appeal :

1. On the facts and circumstances of the case and in law the learned Commissioner of Income Tax (Appeals) erred in confirming penalty u/s.271A by the Assessing Officer. Assessment Year: 2020-2021

2. On the facts and circumstances of the case and in law the CIT(A) failed to appreciate that the Appellant had not misrepresented or suppressed facts relating to income u/s.270A(9)(A).

3. On the facts and circumstances of the case and in law the CIT(A) failed to appreciate that disallowance was regards to claim u/s.54 of the Income Tax Act.”

3. When the appeal was taken up for hearing it was noted that vide letter dated 24/02/2025, the Appellant/Assessee had placed on record copy of Form 1 DTVSV 2024 e-filed under the ‘The Direct Tax – Vivad Se Vishwaas Scheme’, 2024 on 31/12/2024 having e-filing Acknowledgment Number 799401730311224 and the Assessee has received Certificate in Form No.2 from designated Authority on 17/02/2025. Since the dispute is settled under the Vivad Se Vishwaas Scheme - 2024, the present appeal preferred by the Assessee is dismissed as withdrawn.

4.

In terms of above the present appeal is dismissed as withdrawn.

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