Saroj Devi Mohta, Faridabad V. ITO Ward-2(3), Faridabad

ITA 2733/DEL/2019

AI Insights

The case involves Saroj Devi Mohta, the proprietor of M/s Shalu Industrial Corporation, who appealed against the penalty imposed by the Assessing Officer (AO) under section 271(1)(c) of the Income Tax Act for the Assessment Year 2008-09. The penalty was initially confirmed by the CIT(A), Faridabad. However, during the proceedings, it was revealed that the quantum appeal, which was the basis for the penalty, was settled and withdrawn under the Vivad Se Vishwas Scheme, 2020. Consequently, the assessee requested the withdrawal of the penalty appeal, which was granted by the tribunal in the absence of any objection from the Departmental Representative (DR).

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 115822 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 06-12-2022
• Assessment Year: misc
• Appeal Filed On: 28-07-2022
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : G : NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER ITA No.2733/Del/2019 Assessment Year: 2008-09 Saroj Devi Mohta, Prop. M/s Shalu Industrial Corporation, H. No.2776A, Sector-3, Ballabhgarh, Faridabad. PAN: AHAPM8776A Vs. ITO, Ward-2(3), Faridabad. (Appellant) (Respondent) Assessee by : Shri Alok Kumar Gupta, CA Revenue by : Shri Abhishek Kumar, Sr. DR Date of Hearing : 07.12.2022 Date of Pronouncement : 07.12.2022 ORDER This appeal filed by the assessee is directed against the order dated 31.01.2019 of the CIT(A), Faridabad, relating to Assessment Year 2008-09 confirming the penalty imposed by the AO u/s 271(1)(c) of the Act. 2. At the time of hearing, the ld. Counsel of the assessee submitted, vide the application dated 07.12.2022, that the quantum appeal was allowed to be withdrawn since the issue involved was settled under the Vivad Se Vishwas Scheme, 2020. It was, therefore, submitted in the application that since the ITA No.2733/Del/2019 2 quantum appeal has been allowed to be withdrawn, the instant appeal may also be allowed to be withdrawn as the very basis on which the penalty was imposed cease to exist. 3. In the absence of any objection from the ld. DR, the request of the assessee for withdrawal of the instant penalty appeal is allowed since the quantum appeal has been allowed to be withdrawn consequent upon the settlement of the issue involved in the appeal under Vivad Se Vishwas Scheme, 2020.. 4. In the result, the appeal filed by the assessee is dismissed as ‘withdrawn.’ Order pronounced in the open court on conclusion of the hearing on 07.12.2022. Sd/- Sd/- (SHAMIM YAHYA) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 07 th December, 2022. dk Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi