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Income Tax Appellate Tribunal, DELHI BENCHES “G” : DELHI
Before: SMT. DIVA SINGH & SHRI ANADEE NATH MISSHRA
Date of Hearing : 12.10.2021 Date of Pronouncement : 13.10.2021 Hearing conducted via Webex ORDER PER DIVA SINGH, J.M. The present appeal has been filed by the assessee, wherein the correctness of the order dated 02.05.2017 of the Ld. CIT(Appeals) pertaining to 2011-12 assessment year is assailed on various grounds:
“That the Ld. CIT(A) has erred in confirming the penalty order passed by the Ld. AO while not appreciating the factual and legal submissions made by the assessee during the course of appellate proceedings.
2. That the Ld. CIT(A) has erred in not quashing the penalty order, particularly when the assessee had specifically pointed out that at the time of initiating the penalty proceedings, the “charge” was not specified by the Ld. AO.
ITA.No.4190/Del./2017 Vineet Kumar Babbar
3. That the ld. CIT(A) has erred in not quashing the penalty order, particularly when it was a settled proposition of law that where “charge” was not specified, penalty order cannot survive. The Ld. CIT(A) has not discussed in the appellate order, the case laws relied upon by the assessee during the course of appellate proceedings.
4. That the Ld. CIT(A) has erred in sustaining the imposition of penalty on account of addition of Rs. 39,03,819/- made w.r.t. cessation of liabilities u/s 41(1), particularly when it was doubtful as to in which year such liabilities were ceased. 5. That the Ld. CIT(A) has erred in sustaining the imposition of penalty on account of addition of Rs. 3,10,000/- made w.r.t. cash deposits, particularly when the explanation regarding source of such cash, as given by the assessee, could not be disproved by the Ld. AO.”
At the time of hearing, Ld. AR relying upon the application filed by e-mail submits that the assessee seeks to withdraw the present appeal as the dispute has been settled in Vivad se Vishwas Scheme, 2020 and necessary taxes etc. have been paid. Ld. CIT DR Shri Nazmi on perusing the same submitted that he has no objection to the withdrawal of the assessee’s appeal in the circumstances. Accordingly, the adjournment application moved by the Ld. Sr. DR was withdrawn orally.
We have heard the parties and perused the material available on record. Considering the submissions in the light of the facts on record the appeal of the assessee, we direct may be treated as withdrawn. Accordingly, the appeal is dismissed as withdrawn.
However, before parting by way of abundant caution, we deem it appropriate to observe that in case it is found by the assessee that the dispute under the appeal is not fully settled under the Vivad se Vishwas Scheme then the assessee will be at liberty to approach the ITAT with a prayer for restoration of this appeal in accordance with law.
ITA.No.4190/Del./2017 Vineet Kumar Babbar
In the result, the appeal is dismissed as withdrawn.
Order pronounced in the open Court.