DEEPAK KUMAR,NEW DELHI vs. DCIT, CENTRAL CIRCLE-1, GURUGRAM
In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal allowed the assessee's request to withdraw the appeals as the issues had become academic. The appeals were dismissed as withdrawn.
What were the facts?
The assessee filed appeals challenging directions by the CIT(A) to initiate penalty proceedings under Section 271D. Subsequently, the penalty imposed was quashed by the Tribunal, and the department did not appeal further.
What were the issues?
Whether the appeals challenging directions for penalty proceedings are maintainable when the penalty has been quashed and the department has not appealed further.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘B’, NEW DELHI
Before: SHRI G.S. PANNU & SHRI RAVISH SOOD
PER RAVISH SOOD, JM :
The captioned appeals filed by the assessee are directed against the consolidated order passed by the CIT(A)-3, Gurgaon, dated 20.08.2018, which in turn arises from the respective orders passed by the A.O u/s 153A of the Income Tax Act, 1961 (“the Act”, for short) dated 26.12.2017.
to 988/Del/2019- A.Y 2010-11 to 2015-16 Deepak Kumar Vs. DCIT, CC-1, Gurgaon.
At the very outset of the hearing of the appeal, it was submitted by the learned Authorized Representative (“Ld. A.R”, for short) for the assessee, that as instructed, liberty is sought for withdrawing the present appeals. Elaborating on the reason for withdrawing the appeals, it was submitted by the Ld. A.R that the asseessee by preferring the present appeals had challenged the directions/observations of the CIT(A), wherein he had advised the A.O for initiating proceedings against the assessee under Sec. 271D of the Act. It was submitted by the ld. A.R, that as subsequent thereto the penalty that was imposed by the A.O u/s 271D was quashed by the Tribunal and, due to low tax effect the department had not carried the matter any further in appeal before the Hon’ble High Court, therefore, the captioned appeals assailing the directions of the CIT(A) qua initiation of penalty proceedings in question have been rendered as merely academic in nature. Accordingly, in the backdrop of the aforesaid facts the Ld. A.R had sought liberty for withdrawing the aforementioned appeals.
The Ld. Departmental Representative (“Ld. D.R”, for short) on being confronted did not object to the seeking of withdrawal of the captioned appeals by the assessee.
In the backdrop of the aforesaid request of the Ld. A.R for withdrawal of the captioned appeals, which had not been objected by the counsel for the revenue, we herein allow the same.
Resultantly, the captioned appeals are dismissed as withdrawn.
More judgments on Section 271D
- Sujatha Vaddanapu, Nalgonda vs ITO, Ward-1, NalgondaITA 2048/HYD/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Inder Lal Ramrakhyani, Dhamtari vs ITO, DhamtariITA 694/RPR/2026[2014-15]Status: Disposed14 Oct 2026AY 2014-15
- Assistant Commissioner of Income Tax… vs Harshit Singhania Buildcon, RaipurITA 560/RPR/2026[2022-23]Status: Disposed14 Oct 2026AY 2022-23
- Shree Jalaram Finance, Borsad vs Income Tax Officer, Ward 1(3)(4), PetladITA 1785/AHD/2026[2000-01]Status: Disposed13 Oct 2026AY 2000-01
- Veera Mani Kumari Vattikooti, Hyderabad vs ITO, Ward -11(1), HyderabadITA 1218/HYD/2026[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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