SMT. SNIGDHA SALUJA,NEW DELHI vs. ITO, NEW DELHI

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ITA 4874/DEL/2016Status: DisposedITAT Delhi16 September 2021AY 2012-132 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 Tribunal noted that the assessee had opted for the Vivad Se Vishwas Scheme and Form No. 3 was issued by the Department. Consequently, the assessee's appeals were allowed to be withdrawn.

What were the facts?

The assessee filed two appeals before the ITAT concerning denial of deduction under Section 10B and a penalty under Section 271(1)(c) for AY 2012-13. The assessee opted to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020.

What were the issues?

Whether the appeals should be withdrawn and dismissed due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 10B,Section 271(1)(c),Section 263

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, [ DELHI BENCH “G”: NEW DELHI ]

Before: MS. SUCHITRA KAMBLE & SHRI PRASHANT MAHARISHI

For Appellant: Ms. Kriti Bindal, C. A.;
For Respondent: Shri H. K. Chaudhary [CIT]–D.R.;
Hearing: 16/09/2021Pronounced: 16/09/2021

Heard together (2 matters)

ITA. No. 4874/Del/2016
ITA. No. 985/Del/2017

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R PER PRASHANT MAHARISHI, A. M.

1.

These are the two appeals filed by same assessee for same assessment year i.e. assessment year 2012-13. I.T. Appeal No. 4874/Del/2016 is filed against order passed by Pr. CIT, under Section 263 of the Income Tax Act, 1961 (the Act) for assessment year 2012-13 wherein the ld. Pr. CIT has denied deduction under Section 10B of the Act by order dated 5.07.2016. Second appeal in is also for the same year wherein Pr. CIT also levied penalty under Section 271(1)(c) of the Act dated 23.12.2016 on denial of deduction under Section 10B of the Act.

2.

At the time of hearing the assessee submitted that she has opted to settle the dispute involved in the impugned appeal under The Direct Tax Vivad Se Vishwas Scheme, 2020 and has already filed Form Nos. 1 and 2 under the Scheme. Therefore, the appeals of the assessee may be allowed to be withdrawn. 3. The ld. DR also agreed with the above contentions. Page | 1

4.

On careful consideration of the fact it is found that in these appeals Form No. 3 has been issued to the assessee by the Department on 31st December, 2020 under The Direct Tax Vivad Se Vishwas Act, 2020. Therefore, the appeals of the assessee are allowed to be withdrawn and hence dismissed.

5.

In the result, both the appeals of the assessee are dismissed.

Order pronounced in the open court on : 16/09/2021.

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