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

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.

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.

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Act, 2020 qua the settling of dispute on quantum in therefore, it is submitted that the appeal be permitted to be withdrawn.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.

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

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