DHYAWAN VIKAS SANSTHA,JAIPUR vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, JAIPUR

ORDER PER: RATHOD KAMLESH JAYANTBHAI, AM This appeal filed by the assessee is directed against order of the ld. CIT(A) dated 03-10-2024, National Faceless Appeal Centre, Delhi [ hereinafter referred to as (NFAC) ] for the assessment year 2018-19. 2.1 Brief facts of the case are that the assessee is a society. During the year under consideration, the case of the assessee was reopened u/s 147 of the Act and the assessment was completed u/s 147 of the Act vide order DHYAWAN VIKAS SANSTHA VS ITO, WARD 7(2), JAIPUR dated 16-03-2023 and thus the returned income of the assessee was accepted as assessed income. It is noted that the AO imposed the penalty of Rs.79,800/- u/s 271B of the Act on account of not getting its books of account audited u/s 44AB of the Act which was later on confirmed by the ld.CIT(A) vide his order dated 03-10-2024 by observing as under:- ‘’5.2 Thus, the provisions are crystal and clear and the appellant was liable for audit u/s 44AB and as appellant has failed to get its accounts audited, the appellant is liable for penalty u/s 271B. Thus, the action of the AO imposing penalty u/s 271B is hereby confirmed.’’ 2.2 During the course of hearing, the ld. AR of the assessee has prayed for withdrawal of the appeal on the ground as under:- ‘’…..it is submitted that assessee has opted for Direct Tax Vivad Se Vishwas Scheme 2024 (DTSVS Scheme 2024) and accordingly has applied in Form 1 as prescribed in the said scheme and Department has issued Form No. 2 to the assessee (copy enclosed). It is requested to consider this letter as intimation in view of opting under the DTVSV Scheme and dispose off the appeal accordingly.’’ 2.3 On the other hand, the ld. DR has not raised any objection to the submission made by the ld. AR of the assessee before the Bench.