DCIT CIRCLE-3, GURGAON vs. NALINI AGARWAL, GURGAON

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ITA 1716/DEL/2019Status: DisposedITAT Delhi25 September 2020AY 2012-133 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw their appeal due to settlement under the Vivad Se Vishwas Act. Consequently, the Department's appeal against the penalty deletion was also dismissed.

What were the facts?

The assessee sought to withdraw an appeal related to the quantum of income assessment for AY 2012-13, citing the Direct Tax Vivad Se Vishwas Act, 2020. This settlement also impacted the Department's appeal against the deletion of a penalty for the same assessment year.

What were the issues?

Whether the Department's penalty appeal should be dismissed in light of the assessee settling the quantum appeal under the Vivad Se Vishwas Act.

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, DELHI BENCH FRIDAY ‘A’ NEW DELHI

Before: SHRI G.S. PANNU & SHRI K.N. CHARY

For Appellant: Shri R.P. Mall, Adv
For Respondent: Ms Rakhi Vimal, Sr. DR
Hearing: 25.09.2020Pronounced: 25.09.2020

PER G.S. PANNU, VICE PRESIDENT

1.

The captioned appeals were called for hearing in view of an application dated 11.9.2020 moved by the assessee, seeking permission to withdraw the ITA 589/D/2017 & 1716/D/2019 appeal in on account of the provisions of The Direct Tax Vivad Se Vishwas Act, 2020 and consolidation thereof with respect to the appeal in Assessment Year 2012-13.

2.

Inasmuch as the appeal by the assessee in involves litigation on the quantum of income assessed pertaining to Assessment Year 2012-13, while appeal in concerns the penalty levied u/s 271(1)(c) of the Act by the Assessing Officer, which has since been deleted by the Commissioner of Income Tax(A), for the same Assessment Year 2012- 13.

3.

At the time of hearing, the learned representative for the assessee referred to Form 3 issued by the Competent Authority in terms of Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 qua the settling of dispute on quantum in therefore, it is submitted that the appeal be permitted to be withdrawn. Further, it is submitted that the penalty appeal filed by the Department in ITA No. 1718/Del/2019 is also liable to be dismissed in view of the settlement of the corresponding quantum appeal under The Direct Tax Vivad Se Vishwas Act, 2020. In this connection, the learned representative also referred specifically to Question No. 8 of the clarifications issued by the CBDT on provisions of The Direct Tax Vivad Se Vishwas Act, 2020 vide Circular No. 9/2020 dated 22.4.2020.

ITA 589/D/2017 & 1716/D/2019

4.

The aforesaid factual matrix is not disputed by the learned DR.

5.

In view thereof, both the captioned appeals are statistically disposed of as dismissed.

Above decision was announced in the presence of both the parties on conclusion of Virtual Hearing on 25.09. 2020.

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