M/s. Satnam Haegens Ltd., New Delhi V. ACIT, New Delhi

ITA 3591/DEL/2012

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0139 (ITAT-DELHI)
• Duration Of Justice: 8 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 25-05-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 09-07-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMANPREET
• Assessee Lawyers: SOMIYA SINGH
• Section: 271(1)(c)

Judgement Text

PAGE | 1 INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH E: NEW DELHI ] BEFORE SHRI H.S.SIDHU, JUDICIAL MEMBER A N D SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA. NO.3591/DEL/2012 (ASSESSMENT YEAR: 2006-07) & ITA. NO.2627/DEL/2015 (ASSESSMENT YEAR: 2006-07) M/S. SATNAM HAEGENS LTD., 401, VIPPS CENTRE 2, COMMUNITY CENTRE,MASJID MOTH, GREATER KAILASH II, NEW DELHI110 048. PAN : AAACS1666F VS. A CIT , CENTRAL CIRCLE : 22, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE S BY : SHRI SOMIYA SINGH, ADV.; REVENUE BY: MS. AMAN PREET, SR. D.R.; DATE OF HEARING 2 4 /1 2 / 2020 DATE OF PRONOUNCEMENT 24 / 1 2 / 2020 O R D E R PER PRASHANT MAHARISHI, A. M. 1. THIS APPEAL ITA. NO.3591/DEL/2012 IS FILED BY THE ASSESSEES AGAINST THE ORDER OF THE LD. CIT (APPEALS)-III, NEW DELHI, DATED 30.04.2012 DISMISSING APPEAL FILED BY THE ASSESSEE BEFORE HIM AGAINST THE ORDER OF THE ASSTT. COMMISSIONER OF INCOME TAX, NEW DELHI, DATED 23 RD DECEMBER, 2009. 2. AT THE TIME OF HEARING THE ASSESSEE SUBMITTED A LETTER DATED 21 ST DECEMBER, 2020 STATING THAT ASSESSEE HAS OPTED TO SETTLE THE DISPUTE RELATING TO THE TAX PAGE | 2 ARREARS UNDER DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020 AND THEREFORE, THE ASSESSEE MAY BE ALLOWED TO WITHDRAW THE APPEAL. 3. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION. 4. ON CAREFUL CONSIDERATION WE FIND THAT AS ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER THE DIRECT TAXES VIVAD SE VISHWAS SCHEME, 2020, THE APPEAL OF THE ASSESSEE IS TREATED AS WITHDRAWN AND HENCE DISMISSED. THE ASSESSEE IS ALSO GIVEN AN OPPORTUNITY THAT IN CASE FORM NO. 3 IS NOT ISSUED TO THE ASSESSEE BY THE REVENUE, THE ASSESSEE MAY MOVE AN APPLICATION FOR RECALL OF THE ABOVE MATTER. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS DISMISSED. ITA. NO.2627/DEL/2015 (ASSESSMENT YEAR: 2006-07) 5. THIS APPEAL IS FILED BY THE ASSESSEES FOR ASSESSMENT YEAR 2006-07 AGAINST THE ORDER OF THE LD. CIT (APPEALS)-29, NEW DELHI, DATED 05.03.2015 WHEREIN PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT) BY THE DY. COMMISSIONER OF INCOME TAX, NEW DELHI, DATED BY THE ORDER DATED 18 TH MARCH, 2014 OF RS.21,29,433/- IS DISMISSED. THIS PENALTY IS WITH RESPECT TO THE DISPUTE INVOLVED IN ITA. NO. 3591 (DEL) OF 2012 FOR ASSESSMENT YEAR 2006-07. 6. AT THE TIME OF HEARING THE ASSESSEE SUBMITTED A LETTER DATED 23 RD DECEMBER, 2020 STATING THAT IN THE QUANTUM APPEAL IN ITA. NO. 3591 (DEL) OF 2012 ASSESSEE HAS OPTED TO SETTLE THE DISPUTE UNDER DIRECT TAXES VIVAD SE VISHWAS SCHEME. HOWEVER, FORM NO. 3 HAS NOT BEEN ISSUED IN THAT APPEAL. ASSESSEE SUBMITTED THAT EITHER THIS APPEAL BE ADJOURNED TILL ISSUANCE OF FORM NO. 3 IN ITA. NO. 3591 (DEL) OF 2012 OR IT MAY BE DISMISSED AS WITHDRAWN SUBJECT TO LIBERTY TO THE ASSESSEE FOR RECALLING THIS ORDER IF NEED ARISES. 7. THE LD. DEPARTMENTAL REPRESENTATIVE DID NOT RAISE ANY OBJECTION. 8. WE HAVE CAREFULLY CONSIDERED THE RIVAL CONTENTIONS. AS THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME FOR SETTLEMENT OF DISPUTE IN ITA. NO. 3591 (DEL) OF 2012 IN QUANTUM APPEAL, ITA. 2627 (DEL) OF 2015 IS RELATED TO THAT APPEAL FOR PENALTY UNDER SECTION 271(1)(C) OF THE ACT. AS ITA. NO. 3591 (DEL) OF 2012 IS DISPOSED OF BY THIS ORDER; AUTOMATICALLY THE PENALTY IN THE QUANTUM DISPUTE INVOLVED IS ALSO GET COVERED UNDER VIVAD SE VISHWAS PAGE | 3 SCHEME. THEREFORE, THE APPEAL OF THE ASSESSEE IN PENALTY MATTER IS ALSO DISMISSED AS WITHDRAWN WITH SIMILAR DIRECTION IN ITA. NO. 2627 (DEL) OF 2015. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS TREATED AS WITHDRAWN AND DISMISSED. 9. THUS BOTH THE ABOVE APPEAL IN QUANTUM AS WELL AS PENALTY PROCEEDINGS FILED BY THE ASSESSEE ARE DISMISSED AS WITHDRAWN , IN CASE ASSESSEE IS NOT GRANTED REQUISITE CERTIFICATE FOR SETTLEMENT OF DISPUTE, ASSESSEE IS AT LIBERTY TO FILE MA FOR RECALL OF THIS ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON : 24/12/2020. SD/- SD/- ( H. S. SIDHU ) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 24/12/2020 *MEHTA* COPY FORWARDED TO 1. APPELLANT; 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI DATE OF DICTATION 2 4 .12.2020. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 2 4 .12.2020. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 24.12.2020. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. PS/ PS 24.12.2020. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 24.12.2020. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS 24.12.2020. DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT 24.12.2020. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 24.12.2020. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER PAGE | 4