Rajinder Kumar, New Delhi V. ITO, Ward-49(3), New Delhi

ITA 7501/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7655 (ITAT-DELHI)
• Duration Of Justice: 3 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 11-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANU K GIRI
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : SMC : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER ITA No.7501/Del/2019 Assessment Year: 2010-11 Rajinder Kumar, WH-75, Mayapuri Industrial Area, Phase-I, New Delhi. PAN: AAIPK1398K Vs. ITO, Ward-49(3), New Delhi. (Appellant) (Respondent) Assessee by : Shri Manu K Giri, Advocate Revenue by : Shri Mithalesh Kr. Pandey, Sr. DR Date of Hearing : 13.09.2022 Date of Pronouncement : 13.09.2022 ORDER This appeal filed by the assessee is directed against the order dated 06.08.2019 of the CIT(A)-17, New Delhi, relating to Assessment Year 2010-11. 2. The quantum appeal of the assessee has been settled under Vivad Se Vishwas Act, 2020, which is clear from Form No.5 filed by the assessee. At the same time, it is also clear that clause (b) of Form No.5 clearly grants immunity from penalty u/s 271(1)(c) of the Act to the assessee. Therefore, this appeal filed by the assessee against imposition of penalty u/s 271(1)(c) of the Act deserves to be allowed in view of the settlement of the dispute regarding quantum under ITA No.7501/Del/2019 2 Vivad Se Vishwas Act, 2020. The ld. Sr. DR has also agreed to the above legal situation and submitted that when the quantum appeal has been dismissed in pursuance of the settlement of the dispute under Vivad Se Vishwas Act, 2020, the penalty u/s 271(1)(c) of the Act does not survive against the assessee. In view of the above, the AO is directed to delete the penalty. 3. In the result, the appeal filed by the assessee is allowed. Order pronounced in the open court on 13.09.2022. Sd/- (C.M. GARG) JUDICIAL MEMBER Dated: 13 th September, 2022. dk Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi