DCIT Circle-3, Gurgaon V. Nalini Agarwal, Gurgaon

ITA 1716/DEL/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5890 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 01-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R P MALL
• Keywords: Competent authority
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY A NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI K.N. CHARY, JUDICIAL MEMBER ITA NO. 589/DEL/2017 ASSESSMENT YEAR : 2012-13 NALINI AGARWAL, VS ACIT, 1414-A, BIK-14, CIRCLE 20(1), THE MAGNOLIAS, NEW DELHI. GOLD COURSE ROAD, DLF PHASE-V, GURGAON-122002 (PAN: ABCPA4451E) (APPELLANT) (RESPONDENT) ITA NO. 1716/DEL/2019 ASSESSMENT YEAR : 2012-13 DCIT, VS NALINI AGARWAL, CIRCLE-3, GURGAON. GURGAON. (APPELLANT) (RESPONDE NT) ASSESSEE BY : SHRI R.P. MALL, ADV. DEPARTMENT BY : MS RAKHI VIMAL, SR. DR DATE OF HEARING : 25.09.2020 DATE OF PRONOUNCEMENT : 25.09.2020 ORDER PER G.S. PANNU, VICE PRESIDENT THE CAPTIONED APPEALS WERE CALLED FOR HEARING IN V IEW OF AN APPLICATION DATED 11.9.2020 MOVED BY THE ASSESSEE, SEEKING PERM ISSION TO WITHDRAW THE ITA 589/D/2017 & 1716/D/2019 2 APPEAL IN ITA NO.589/D/2017, ON ACCOUNT OF THE PROV ISIONS OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND CONSOLIDATION THEREO F WITH RESPECT TO THE APPEAL IN ITA NO. 1716/DEL/2019, BOTH PERTAINING TO ASSESSMENT YEAR 2012-13. 2. INASMUCH AS THE APPEAL BY THE ASSESSEE IN ITA NO . 589/DEL/2017 INVOLVES LITIGATION ON THE QUANTUM OF INCOME ASSESSED PERTAI NING TO ASSESSMENT YEAR 2012-13, WHILE APPEAL IN ITA NO. 1716/DEL/2019 CONC ERNS THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT BY THE ASSESSING OFFICER, WHICH HAS SINCE BEEN DELETED BY THE COMMISSIONER OF INCOME TAX(A), FOR THE SAME ASSESSMENT YEAR 2012- 13. 3. AT THE TIME OF HEARING, THE LEARNED REPRESENTATI VE FOR THE ASSESSEE REFERRED TO FORM 3 ISSUED BY THE COMPETENT AUTHORITY IN TERM S OF SECTION 5(1) OF THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 QUA THE SETTL ING OF DISPUTE ON QUANTUM IN ITA NO. 589/DEL/2017; THEREFORE, IT IS SUBMITTE D THAT THE APPEAL BE PERMITTED TO BE WITHDRAWN. FURTHER, IT IS SUBMITTED THAT THE PENALTY APPEAL FILED BY THE DEPARTMENT IN ITA NO. 1718/DEL/2019 IS ALSO LIABLE TO BE DISMISSED IN VIEW OF THE SETTLEMENT OF THE CORRESPONDING QUANTUM APPEAL UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020. IN THIS CONNECTION, TH E LEARNED REPRESENTATIVE ALSO REFERRED SPECIFICALLY TO QUESTION NO. 8 OF THE CLAR IFICATIONS ISSUED BY THE CBDT ON PROVISIONS OF THE DIRECT TAX VIVAD SE VISHWAS AC T, 2020 VIDE CIRCULAR NO. 9/2020 DATED 22.4.2020. ITA 589/D/2017 & 1716/D/2019 3 4. THE AFORESAID FACTUAL MATRIX IS NOT DISPUTED BY THE LEARNED DR. 5. IN VIEW THEREOF, BOTH THE CAPTIONED APPEALS ARE STATISTICALLY DISPOSED OF AS DISMISSED. ABOVE DECISION WAS ANNOUNCED IN THE PRESENCE OF BO TH THE PARTIES ON CONCLUSION OF VIRTUAL HEARING ON 25.09. 2020. SD/- SD/- (K.N. CHARY) (G.S. PANNU) JUDICIAL MEMBER VICE PRESIDENT GS COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR