BHAGWAN DAS,HARDOI vs. ITO-3(2), HARDOI, HARDOI

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ITA 308/LKW/2023Status: DisposedITAT Lucknow11 June 2024AY 2012-13Bench: SHRI SUDHANSHU SRIVASTAVA (Judicial Member), SHRI ANADEE NATH MISSHRA (Accountant Member)3 pages
AI SummaryWithdrawn

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 The appeal was consequently dismissed as withdrawn.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Whether the appeal should be withdrawn due to a change in law extinguishing the penalty.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?

Section 271F

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

For Respondent: Shri Sanjeev Krishna Sharma, CIT(DR)
Hearing: 01/05/2024Pronounced: 11/06/2024

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.

2.

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 It is, therefore, requested that the appeal may kindly be treated as withdrawn & oblige.”

3.

Learned D.R. has no objection.

4.

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)

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