HIMANSHU SINGHAL,NEW DELHI vs. ACIT, CENTRAL CIRCLE-3, NEW DELHI

Date of Hearing : 08.09.2021 Date of Pronouncement : 09.09.2021 Hearing conducted via Webex ORDER PER DIVA SINGH, J.M. The present appeal has been filed by the assessee challenging the order dated 29.09.2017 of Ld. CIT(Appeals)- 23, New Delhi pertaining to 2015-16 assessment year on the following grounds: -

1. “On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in making observations that unlike penalty u/s 271(1)(c), in case of penalty u/s 271AAB, there is no requirement of initiating the same during any other proceedings and that, therefore, the AO can consider the issue afresh. These remarks/observations of the CIT(A) are erroneous, without jurisdiction and contrary to the provisions of law and, therefore, the same are not sustainable.

2. On the facts and circumstances of the case and in law, the penalty imposed by the Assessing Officer u/s 271AAB of the Act was not sustainable even on merits and the CIT(A) erred in not holding so. The Appellant craves leave to add one or more ground of appeal or to alter/modify the existing ground before or at the time of hearing of appeal. The aforesaid grounds of appeal are without prejudice to each other.”

ITA.No.7203/Del./2017 Himanshu Singhal

Ld. Sr. DR Shri R.K. Gupta considering the material available 3. on record submitted that the appeal may be treated as withdrawn. 4. We have heard the parties and perused the material available on record. Considering the submissions in the light of the facts on record the appeal of the assessee is dismissed as withdrawn. 5. However, before parting by way of abundant caution, we deem it appropriate to observe that in case it is found by the ITA.No.7203/Del./2017 Himanshu Singhal