DR VIKAS JAGANNATH POL,PUNE V. INCOME TAX OFFICER, WARD-11(2), PUNE, PUNE

ITA 1618/PUN/2024

AI Insights

The case involves Dr. Vikas Jagannath Pol, who appealed against a penalty order under section 271(1)(c) of the Income-tax Act, 1961, amounting to Rs.19,12,233. This penalty was levied due to a quantum addition of Rs.62.00 lakh in the assessee's income for the assessment year 2014-15. However, the assessee had settled this quantum addition under the Direct Tax Vivad Se Vishwas Scheme, 2024, by paying the tax and filing the required forms, which led to the generation of Form No.3. Consequently, the assessee requested the withdrawal of the appeal, citing the immunity from penalty as per the scheme, which was accepted by the tribunal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 315837 (ITAT-PUNE)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-05-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Laws Referred To: Income-tax Act, 1961, Direct Tax Vivad Se Vishwas Scheme, 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANISH MEHTA
• Assessee Lawyers: CHANDAN KATARIYA
• Keywords: Competent authority
• Section: 6

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B”, PUNE BEFORE DR.MANISH BORAD, ACCOUNTANT MEMBER AND SHRI VINAY BHAMORE, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1618/PUN/2024 Assessment Year : 2014-15 Dr. Vikas Jagannath Pol, A/1/4, Rangriha CHS, Salunkhe Vihar Road, Pune 411048, Maharashtra PAN : AGIPP7216P Vs. ITO, Ward-11(2), Pune Appellant Respondent आदेश / ORDER PER DR. MANISH BORAD, ACCOUNTANT MEMBER : The captioned appeal at the instance of assessee pertaining to A.Y.2014-15 is directed against the order dated 08.12.2023 passed by CIT(A), Pune-11 arising out of Penalty Order dated 22.06.2017 passed u/s.271(1)(c) of the Income-tax Act, 1961. 2. The only ground in the instant appeal is against the levy of penalty u/s.271(1)(c) of the Act at Rs.19,12,233/-. 3. At the outset, Ld. Counsel for the assessee submitted that assessee has settled the quantum addition issue under the Direct Tax Vivad Se Vishwas Scheme, 2024 by filing Form No.1 and Form No.2 has been issued by the competent authority and after deposit of tax amount mentioned in Form No.2, Revenue authorities have generated Form No.3. He further submitted that since the impugned penalty has been levied on the Appellant by : Shri Chandan Katariya Revenue by : Shri Manish Mehta Date of hearing : 14.05.2025 Date of pronouncement : 16.05.2025 ITA No.1618/PUN/2024 Dr. Vikas Jagannath Pol 2 quantum addition which has been settled therefore as per section 6 of Direct Tax Vivad Se Vishwas Scheme, 2024 the assessee is entitled to full immunity from imposition of penalty. He requested for withdrawal of the appeal to which ld. Departmental Representation did not raise any objection. 4. We have heard both the sides and perused the record placed before us. We notice that the assessee has been visited with penalty u/s.271(1)(c) of the Act of Rs.19,12,233/- on the quantum addition of Rs.62.00 lakh. Assessee has settled the dispute for quantum addition by paying the tax demand payable under the Direct Tax Vivad Se Vishwas Scheme, 2024 and after successfully filing Form No.1 which has been accepted by the competent authority and Form No.2 has been issued. Assessee has deposited the tax demand of Rs.7,38,774/- and in lieu thereof Form No.3 has been generated. Before us, Ld. Counsel for the assessee has requested for withdrawal of the instant appeal as the assessee is entitled to immunity from imposition of penalty as per provisions of section 6 of Direct Tax Vivad Se Vishwas Scheme, 2024. Thus, we accept the request of Ld. Counsel for the assessee for withdrawal of this appeal and dismiss the instant appeal as ‘withdrawn’. 5. In the result, appeal of the assessee is dismissed as ‘withdrawn’. Order pronounced on this 16th day of May, 2025. Sd/- Sd/- (VINAY BHAMORE) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; \u0001दनांक / Dated : 16th May, 2025. Satish ITA No.1618/PUN/2024 Dr. Vikas Jagannath Pol 3 आदेश क\u0002 \u0003ितिलिप अ ेिषत / Copy of the Order forwarded to : 1. अपीलाथ / The Appellant. 2. \u000eयथ / The Respondent. 3. The Pr. CIT concerned. 4. िवभागीय ितिनिध, आयकर अपीलीय अिधकरण, “B” ब\u0014च, पुणे / DR, ITAT, “B” Bench, Pune. 5. गाड\u0004 फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune. "