KARTHICK NATARAJAN,ANNA NAGAR, MADURAI vs. DCIT, INT TAXN CIRCLE, INCOME TAX OFFICE, CR BUILDING, MADURAI

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ITA 2106/CHNY/2024Status: DisposedITAT Chennai29 May 2025AY 2017-18Bench: SHRI MANU KUMAR GIRI (Judicial Member), SHRI AMITABH SHUKLA (Accountant Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the quantum appeal was settled under the DTVSV Scheme, and immunity was granted from penalty. Therefore, the penalty appeal was no longer sustainable.

What were the facts?

The assessee's appeal was against a penalty levied under Section 271(1)(C) for AY 2017-18. The assessee had opted for the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024, leading to the withdrawal of the quantum appeal.

What were the issues?

Whether a penalty appeal survives when the quantum appeal has been settled under the Direct Tax Vivad Se Vishwas Scheme, 2024.

Which sections of the Income-tax Act were involved?

Section 271(1)(C)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘A’ BENCH, CHENNAI

Before: SHRI MANU KUMAR GIRI

Hearing: 07.05.2025Pronounced: 29.05.2025

The captioned appeal filed by the assessee is directed against the order of the Ld. Commissioner of Income Tax (Appeals) [CIT(A)] Chennai-16 dated 21.06.2024 for Assessment Year 2017- 18.

2.

The above appeal is against the levy of penalty u/s 271(1)(C) of the Act for AY 2017-18. The ld. counsel for the assessee filed a letter dated 07.05.2025 and submitted that the appeal in quantum proceeding before the Hon’ble High Court has been withdrawn vide order dated 09.01.2025 as the assessee opted for the benefit under the Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024. Before us also, the ld. counsel for the Assessee informed that Form No.4 DTVSV has been issued on 06.05.2025. Hence, he prayed that the present penalty appeal does not survive as the quantum appeal has

3.

Accordingly, noting the fact that the assessee in quantum appeal is already settled dispute under Direct Tax Vivad Se Vishwas Scheme (DTVSV), 2024 and immunity is granted from the imposition of penalty under the Act, this penalty does not survive.

4.

In the result, the appeal filed by the assessee in Act by the CBDT Circular No.12 of 2024 dated 15.10.2024.

Order pronounced in the open court on 29th May, 2025

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