BHAGWAN DAS,HARDOI vs. ITO-3(2), HARDOI, HARDOI
What did the Tribunal hold?
The Tribunal permitted the assessee to withdraw the appeal. The appeal was consequently dismissed as withdrawn.
What were the facts?
The assessee filed an appeal against a penalty order under Section 271F. The assessee sought to withdraw the appeal based on a Finance Bill announcement that extinguished such penalties.
What were the issues?
Whether the appeal should be withdrawn due to a change in law extinguishing the penalty.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, LUCKNOW BENCH ‘A’, LUCKNOW
Before: SHRI SUDHANSHU SRIVASTAVA & SHRI ANADEE NATH MISSHRA
Appellant by Application for withdrawal of appeal Respondent by Shri Sanjeev Krishna Sharma, CIT(DR) Date of hearing 01/05/2024 Date of pronouncement 11/06/2024 O R D E R PER SUDHANSHU SRIVASTAVA, J.M.
This appeal has been preferred by the assessee against order dated 08.08.2023 passed by the National Faceless Appeal Centre, (NFAC), Delhi for Assessment Year 2012-13.
The ld. Counsel for the assessee sought the permission of the Bench to withdraw the appeal by moving an application dated 29.04.2024, stating as under:
“Ref: A.Y. 2012-13 Hon'ble Member, The above mentioned appeal is fixed for hearing on 01.05.2024 before your honour. The above appeal had been filed against the penalty order passed u/s 271F dated 21-06-2021 by ITO, Assessment Unit, NFAC and said penalty has been confirmed by the CIT(A). The appellant aggrieved by the levy penalty of Rs. 5,000/- u/s 271F of the Income Tax Act, 1961 and had filed appeal before your honour. As per announcement in Finance Bill 2024, the CBDT has extinguished the demand of Rs. 5,000/- of penalty u/s271F of the Income Tax Act, 1961 and accordingly the demand had been cancelled by the department and the appellant wants to withdraw the above appeal. It is, therefore, requested that the appeal may kindly be treated as withdrawn & oblige.”
Learned D.R. has no objection.
Accordingly, we permit the assessee to withdraw the present appeal. 5. In the result, the appeal of the assessee is dismissed as withdrawn.
(Order pronounced in the open court on 11/06/2024)
More judgments on Section 271F
- Anuragraiji Vallabhraiji Goswai, Surat vs Income Tax Officer, Ward-2(2)(1), SuratITA 643/SRT/2024[2008-09]Status: Disposed7 Oct 2026AY 2008-09
- Krunal Bharat Bha vs Ar, Ahmedabadvs.the Income Tax Officer…ITA 332/AHD/2026[2015-16]Status: Disposed30 Sept 2026AY 2015-16
- Faiz Ala Faizi, Bangalore vs I.T.O., Ward - 54(2), KolkataITA 1374/KOL/2026[2017-2018]Status: Disposed30 Sept 2026AY 2017-2018
- Imran Khan, Chandigarh vs The Commissioner of Income Tax Appeals…ITA 689/CHANDI/2026[2016-17]Status: Disposed28 Sept 2026AY 2016-17
- Imran Khan, Manimajra vs The Commissioner of Income Tax Appeals…ITA 688/CHANDI/2026[2016-17]Status: Disposed28 Sept 2026AY 2016-17
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