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Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE
This appeal has been filed by the by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-5, Ludhiana dated 08.12.2017 in respect of Assessment Year: 2005-06.
The assessee has raised the following grounds of appeal:
Inderpal Singh v. Dy.CIT “1. That in the facts and circumstances of the case, the ld. CIT(A) has grossly erred in confirming the levy of penalty of Rs. 4,37,580/-, as imposed by the ld. AO, on wholly erroneous and insufficient grounds.
2. That the ld. CIT(A) erred in law to hold that the order under appeal was not barred by time in terms of proviso to section 275(1)(a) of the Income Tax Act, 1961.
That the order under appeal is against law and facts of the case.”
2. The adjournment application filed by the appellant has no merits and bonafide reason for seeking adjournment. The content reads as under:
“The above appeal of assessee is now fixed for hearing before the Hon’ble Bench to day i.e. 26.07.2023. It was earlier adjourned sine/die since the declaration filed under VsV was still pending acceptance by competent authority for the reason that credit for tax due, by adjustment of seized cash of Rs.15.50 lacs had not been allowed for some technical snags. The matter still hangs fire and I approached the PCIT, Jalandhar about two weeks back to short out the above issue. She spoke to the DCIT CC-1, Jalandhar and he assured to do the needful at the earliest. But the final word is still awaited.
In view of the above position, it is requested that the matter be kindly adjourned for another two weeks to await the finality of VsV filed by assessee.”
3. From the application, it is evident that despite as many as 7 opportunities of being heard granted to the appellant, he could not produce the VSVS acceptance certificates from the department. Although, he claims that declaration filed under VsVs was still pending for acceptance by competent authority for the reason that credit for tax due, by way of Inderpal Singh v. Dy.CIT adjustment of seized cash of Rs.15.50 lacs had not been allowed for some technical snags. In our view, the appeal cannot be kept in abeyance by way of merely granting adjournment without reasonable cause and therefore the assessee’s application is rejected, being devoid of merits.
After hearing the Ld. DR for the department, it is decided to adjudicate the appeal. Admittedly, the ld. AR of the assessee has submitted that the assesse had applied for VSVS scheme in the matter vide application dated 16/10/2022 wherein it was stated that owing to some non-adjustment of seized cash towards arrears, the matter is yet to be resolved by the department. In view of that matter, we dismiss the appeal of the assessee with a caveat that the assessee is permitted to revive its appeal if assessee’s declaration filed under “Vivad Se Vishwas Scheme, 2020” is not accepted by the department.
In the backdrop of the aforesaid discussion, the appeal of the assessee is disposed of in the terms indicated as above.
Order pronounced in the open court on 02.08.2023