ACIT Circle-51(1), New Delhi V. Raj Jewellers, New Delhi

ITA 535/DEL/2020

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1619 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2014-2015
• Appeal Filed On: 28-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘H’ NEW DELHI BEFORE SHRI G.S. PANNU, HON’BLE PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA No.535/Del/2020 Assessment Year: 2014-15 . ACIT, Circle-51(1), New Delhi Vs. M/s. Raj Jewellers, 2656, Raj Building, Bhagat Raj Group, Bank Street, Ajmal Khan Road, Karol Bagh, New Delhi PAN :AAJFR6472Q (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JM: This is an appeal by the Revenue against order dated 26.11.2019 of learned Commissioner of Income Tax (Appeals)-17, New Delhi, deleting the penalty imposed under section 271(1)(c) of the Income-tax Act, 1961, for the assessment year 2014-15. Appellant by Sh. Sumit Kumar Verma, Sr.DR Respondent by None Date of hearing 20.05.2022 Date of pronouncement 20.05.2022 2 ITA No.535/Del/2020 2. When the appeal was called for hearing none appeared on behalf of the assessee. However, learned Authorized Representative of the assessee has furnished a letter stating that the dispute arising in the present appeal has been settled under the Direct Tax Vivad Se Vishwas Act, 2020. A copy of certificate issued by the designated authority in From 5 is enclosed with the aforesaid letter. 3. Learned Departmental Representative fairly submitted, with the acceptance of assessee’s declaration under the Vivad Se Vishwas Scheme the dispute arising in the present appeal stands settled. 4. Having heard learned Departmental Representative and perused the materials on record, it is observed, accepting assessee’s declaration under the Direct Tax Vivad Se Vishwas Act, 2020 the designated authority has issued an order dated 05.04.2021 in From 5. Thus, for all practical purposes the dispute arising in the present appeal is settled. That being the factual position emerging on record, the instant appeal of the Revenue has become infructuous. Accordingly, the appeal is deemed to have been withdrawn, hence, dismissed. 3 ITA No.535/Del/2020 5. In the result, the appeal is dismissed. Order pronounced in the open court on 20 th May, 2022 Sd/- Sd/- (G.S. PANNU) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 20 th May, 2022. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi