HARSHIT AGARWAL,UDAIPUR vs. ITO, WARD-1(2), UDAIPUR
What did the Tribunal hold?
During the pendency of the appeal, the assessee sought withdrawal due to opting for the Direct Tax Vivad Se Vishwas Scheme, 2024. The department had no objection to the withdrawal.
What were the facts?
The assessee challenged an order of the CIT(A) which had dismissed the assessee's appeal against a penalty order. The penalty was imposed by the Assessing Officer under section 271(1)(c) of the Income Tax Act for the assessment year 2012-13.
What were the issues?
Whether the appeal can be dismissed as withdrawn due to the assessee opting for the Direct Tax Vivad Se Vishwas Scheme?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR.
Before: Dr. M. L. MEENA & SHRI NARINDER KUMAR
Date of Hearing: 03/07/2025 Date of Pronouncement: 07/07/2025 ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER
Appellant –assessee challenged before this Appellate Tribunal order dated 09.09.2021 passed by Learned CIT(A), relating to the assessment year 2012-13, as thereby the appeal filed by the assessee against penalty order dated 23.07.2015 was dismissed.
Harshit Agrawal, Udaipur. 2. The Assessing Officer passed order dated 23.07.2015 imposing penalty on the assessee, u/s 271(1)(c) of the Income Tax Act (hereinafter referred to as “the Act”).
It may be mentioned here that during pendency of this appeal on 3.05.2025, Ld. AR for the appellant submitted an application with prayer for withdrawal of this appeal due to the reason that the assessee has opted to avail of benefit of Direct Tax Vivad Se Vishwas Scheme, 2024.
Ld. AR for the appellant submits that copy of Form No. 2 has already been submitted with the application seeking withdrawal and that prayer for withdrawal may be allowed.
Ld. DR for the department has no objection to the withdrawal of the appeal due to the aforesaid reason. 6. In view of the above submission, this appeal is hereby dismissed as having been withdrawn. However, it is made clear that in case no settlement is arrived at between the parties, under the Scheme, 2024, the appellant shall be at liberty to apply for revival of the appeal by moving appropriate application, in accordance with law. 7. Registry to give a note on the index about withdrawal of this appeal with the liberty given, so that the record may be preserved, in accordance with rules.
Harshit Agrawal, Udaipur. Judicial Member having joined and presided over through virtual mode from Jaipur Benches, order needs pronouncement under Rule 34(4) of the Income Tax (Appellate Tribunal) Rules, 1963 by placing the details on the notice board. File be consigned to the record room after the needful is done by the office.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Md. Akhtar Ansari, Proprietor Of M/S Indian Associates vs. State Of Jharkhand, Through Commissioner Of State Tax, Commercial Tax Dept.Jharkhand · 14 Oct 2026
- M/S. Amarjothi Granites (INDIA) PVT. LTD., Berhampur, Ganjam vs. The Commissioner, Commercial Tax And GST, Odisha, CuttackOrissa · 14 Oct 2026
- M/S. Mishka Steels LLP And Anr. vs. The Superintendent Of Central Goods And Service Tax, Cx, Range-Ii, Behala Div. And Ors.Calcutta · 14 Oct 2026
- M/S Gujarat Co-Operative Milk Marketing Federation Limited vs. Union Of INDIAGujarat · 14 Oct 2026
- Ramesh K Devadiga vs. Khernagar Nandadeep Co Operative Housing Society LTDBombay · 14 Oct 2026