PRITI MISHRA,ALLAHABAD vs. ACIT, CIR-1, ALLAHABAD
Facts
The assessee filed an appeal against the CIT(A)'s order sustaining a penalty of Rs. 86,774.00 under section 270A of the Income Tax Act for Assessment Year 2017-18. During the tribunal hearing, the assessee applied for withdrawal, stating that they had opted for settlement under the Vivad Se Vishwas Scheme, 2024, paid the due taxes, and received Form No.3.
Held
The Tribunal acknowledged the assessee's withdrawal application, noting the settlement under the Vivad Se Vishwas Scheme. The Departmental Representative had no objection to the withdrawal. Consequently, the Tribunal dismissed the appeal as withdrawn.
Key Issues
Whether the penalty levied under Section 270A of the Income Tax Act was justified, and whether the appeal should be dismissed as withdrawn due to the assessee's participation in the Vivad Se Vishwas Scheme.
Sections Cited
250, 270A, 270(6), 270AA(1)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD
Before: SHRI SUBHASH MALGURIA & SHRI NIKHIL CHOUDHARY
PER SH. NIKHIL CHOUDHARY, J.M.
This appeal has been filed by the assessee against the order of the ld. CIT(A), NFAC under section 250 of the Act, passed on 29.03.2024 dismissing the appeal of the assessee against the levy of penalty under section 270A of the Income Tax Act. The grounds of appeal preferred are as under:-
I.T.A.No.90/Alld/2024 2
“1. BECAUSE the learned CIT(A) has erred in law and on facts in sustaining a penalty of Rs. 86,774.00 under section 270A of the Income Tax Act. 1961 (hereinafter referred to as the Act). 2. BECAUSE during the course of penalty proceedings genuine and bona fide explanations were offered for the additions made in the assessment order and as such, the provisions contained in section 270(6) of the Act are squarely applicable in the instant case. 3. BECAUSE the additions on which the impugned penalty of Rs. 86,774.00 has been imposed were disclosed by the appellant on its own accord at the time of assessment proceedings and therefore, the imposition of penalty is not at all justified. 4. BECAUSE in any case and without prejudice to the grounds raised above, the conditions precedent for grant of immunity for levy of penalty having duly been complied with, the appellant deserves immunity from the penalty in terms of section 270AA (1) of the Act. 5. BECAUSE the order appealed against is contrary to the facts, law and the principles of natural justice to the extent above.”
During the course of hearing, an application was received from the assessee’s Authorized Representative pointing out that the assessee had opted for settlement of dispute under the Vivad Se Vishwas Scheme, 2024 and due taxes had been paid. Thereafter, Form No.3 had been issued by the Department. The assessee had to submit proof of withdrawal of appeal before the specified authority for final settlement of the case.
In view of the same, a prayer was made for withdrawal of appeal filed by the assessee. The ld. DR was consulted and he expressed that he had no objection to the withdrawal of the appeal in these circumstances of the case. Therefore, the appeal of the assessee is dismissed as withdrawn.
I.T.A.No.90/Alld/2024 3
In the result, the appeal of the assessee is dismissed as withdrawn.
Orders pronounced on 25/02/2025 in accordance with Rule 34(4) of Income Tax (Appellate Tribunal) Rules, 1963.
Sd/- Sd/- (SUBHASH MALGURIA) (NIKHIL CHOUDHARY) Judicial Member Accountant Member Dated: 25/02/2025 sh Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. Concerned CIT 4. The CIT(A) 5. D.R. ITAT, Allahabad Asstt. Registrar
