ACIT, CENTRAL CIRCLE- 3, NEW DELHI vs. SWATI JAIN, NEW DELHI

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ITA 7355/DEL/2017Status: DisposedITAT Delhi19 July 2021AY 2014-154 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The assessee opted for the Vivad Se Vishwas Scheme, 2020, to settle the dispute. The Tribunal treated the appeal as withdrawn by the Revenue due to the settlement under the scheme.

What were the facts?

The Revenue filed an appeal against the CIT(A)'s order concerning assessment year 2014-15. The appeal primarily contested the deletion of penalty imposed under Section 271(1)(c) of the Income Tax Act.

What were the issues?

The main issue was whether the CIT(A) erred in deleting the penalty imposed by the AO. However, the appeal became infructuous due to the assessee opting for the Vivad Se Vishwas Scheme.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Per Anadee Nath Misshra, AM (A) This appeal by Revenue is filed against the order of Learned Commissioner of Income Tax (Appeals)-23, New Delhi, [“Ld. CIT(A)”, for short], dated 29.09.2017 for Assessment Year 2014-15. Grounds taken in this appeal of Revenue are as under:

“1.The order of Ld. CIT(A) is not correct in law and on facts.

2.

On the facts and circumstances of the case, the Ld. CIT(A) has erred in observing that no satisfaction has been recorded in the assessment order in respect of addition made in respect LTCG when Joint satisfaction for two addition is recorded at the bottom of the assessment order.

3.

On the facts and circumstances of the case, the ld. CIT has erred in observing that AO had no jurisdiction to levy penalty u/s 271(1)(c) of the Income Tax Act, 1961 with regard to LTCG addition when the satisfaction about furnishing of inaccurate particulars of income is evident in the addition of bogus LTCG itself.

4.

On the facts and circumstances of the case, the Ld. CIT(A) has erred in deleting the penalty of Rs. 90,93,119/-imposed by Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961. 5.The appellant craves leave to add, amend any/ all the ground of appeal before or during the course of hearing of the appeal.”

1.

(B) At the time of hearing, at the outset, the Ld. Authorized Representative (“Ld. AR”, for short) for the Assessee informed us that the assessee has opted for Vivad Se Vishwas Scheme, 2020 (“VSVS”, for short) for the settlement of subject matter of the disputes in this appeal. At the time of hearing before us, the Ld. AR for assessee submitted before us that this appeal may be dismissed on account of the aforesaid VSVS. The learned Commissioner of Income Tax (Departmental Representative) [“Ld. CIT(DR)”, for short] did not express any objection to this. We have perused Form – 5 issued by Designated Authority under VSVS, dated 10/06/2021. After due consideration, and in view of the foregoing; we treat this appeal as withdrawn by Revenue on account of the aforesaid VSVS. Accordingly, the appeal is dismissed being treated as withdrawn. (B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason it is found by Revenue that the disputes under this appeal before us are not fully settled under the aforesaid VSVS, then Revenue will be at liberty to approach ITAT for restoration of this appeal, in accordance with law. (B.2) With these directions, the aforesaid appeal of Revenue is dismissed, being treated as withdrawn.

(C) For statistical purposes, this appeal is dismissed.

This order was already pronounced on 19th July, 2021 in Open Court, in the presence of Representatives of both sides; after conclusion of the hearing.

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