Himalaya Realtech Pvt Ltd, New Delhi V. ITO WARD - 11(2), New Delhi

ITA 6725/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 2000 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 12-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’ NEW DLEHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER ITA No. 6725/Del/2019 Assessment Year: 2012-13 Himalaya RealtechPvt. Ltd., 19, 2 nd Floor, KK Business Centre, Veer Savarkar Block, Shakarpur, New Delhi. PAN: AABCH6886M VersuS Income-tax Officer, Ward 10(4), New Delhi (Appellant) (Respondent) Appellant by : None Respondent by : Shri B.K. Singh, Ld. Sr. DR Date of hearing : 29/06/2022 Date of order : 29/06/2022 ORDER PER N.K. CHOUDHRY, J.M. This appeal has been preferred by the assessee against the order dated 10.06.2019, impugned herein, passed by the learned Commissioner of Income-tax (Appeals)-4, New Delhi (in short “Ld. Commissioner”), whereby penalty imposed by the Assessing Officer u/s. 271(1)(c) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2012-13 was affirmed. 2. None is present on behalf of the Assessee. However, vide application dated 10.06.2022 available on record, the Assesseeclaimed thatas the Assesseeunder Vivad Se Vishwas Scheme, 2020, has already settled the quantum dispute for the year under [2] consideration and the Revenue Department has issued form No. 5 dated 23.03.2021, the penalty imposed does not survive and therefore the present appeal may be treated as withdrawn. Ld. DR did not refute the claim of the Assessee. 3. Considering the factual position stated above, the present appeal arising out of the penalty order, deserves to be dismissed as withdrawn. 4. In the result, the appeal of the Assessee stands dismissed as withdrawn. Order pronounced in the open court on 29/06/2022 Sd/- Sd/- (PRADIP KUMAR KEDIA) (N.K. CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER *aks/-