PRITI MISHRA,ALLAHABAD vs. ACIT, CIR-1, ALLAHABAD

ITA 90/ALLD/2024Status: DisposedITAT Allahabad25 February 2025AY 2017-18Bench: SHRI SUBHASH MALGURIA (Judicial Member), SHRI NIKHIL CHOUDHARY (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

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 Consequently, the Tribunal dismissed the appeal as withdrawn.

What were the 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.

What were the 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penalty levied under Section 270A of the Income Tax Act was justified, and whether the appeal should be dismissed as withdrawn due to the assessee's participation in the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 250,Section 270A,Section 270(6),Section 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

For Respondent: Shri A. K. Singh, Sr. D.R
Hearing: 21/01/2025Pronounced: 25/02/2025

PER SH. NIKHIL CHOUDHARY, J.M.

1.

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 add

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 270A

All 4,156 judgments and leading authorities on Section 270A →

Recent GST High Court judgments

Search GST case law →