MANGALCHAND SUNIL KUMAR,K G F vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 4(2)(1), BENGALURU

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ITA 1896/BANG/2019Status: DisposedITAT Bangalore28 August 2020AY 2012-132 pages
AI SummaryWithdrawn

What did the Tribunal hold?

The Tribunal permitted the assessee to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.

What were the facts?

The assessee filed an appeal against the penalty levied under section 271(1)(c) of the Income Tax Act. Subsequently, the assessee opted for the Vivad Se Vishwas Act, 2020, and received Form 3, indicating the withdrawal of the appeal.

What were the issues?

The primary issue was the penalty levied under section 271(1)(c). However, the appeal was withdrawn by the assessee under the Vivad Se Vishwas Act.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, “A” BENCH : BANGALORE

Before: SHRI N. V. VASUDEVAN & SHRI A. K. GARODIA

For Appellant: Smt. Suman Lunkar, CA
For Respondent: Ms. Neera Malhotra, CIT (DR)(ITAT), Bengaluru
Hearing: 26.08.2020Pronounced: 28.08.2020

O R D E R

Per A. K. Garodia, Accountant Member:

1.

This appeal is filed by the assessee and the same is directed against the order of learned CIT(A)-4, Bengaluru dated 04.07.2019, for Assessment Year 2012-13.

2.

In this appeal, the assessee has raised various grounds but the only issue raised by the assessee is regarding levy of penalty of Rs.5,21,775/- under section 271(1)(c) of the Income Tax Act, 1961 (hereafter called ‘the Act’).

3.

In the course of hearing, it is seen that on 25.08.2020, the assessee has filed a letter in which it is stated that the assessee has opted to file an application under Vivad Se Vishwas Act, 2020 and the necessary Form Nos. 1 and 2 under the said Act were filed on 20.05.2020. It is also stated in the Page 2 of 2 said application that under section 5(1) of the said Act, the pending appeal is deemed to have been withdrawn on the issue of Form 3 by the designated authority and the assessee has received form 3 dated 11.08.2020 and after receipt of form 3, the assessee has filed a letter before the Tribunal on 13.08.2020 in which it is stated by the assessee that the assessee intends to withdraw the appeal filed by the assessee. It is stated by the assessee in the present application that the present appeal may be dismissed s withdrawn. Learned DR of the Revenue had no objection for withdrawal of the appeal.

3. The assessee is permitted to withdraw the appeal and the same is dismissed as withdrawn.

4.

In the result, assessee’s appeal is dismissed as withdrawn.

Pronounced in the open court on the date mentioned on the caption page.

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