Sunil Dara, New Delhi V. ITO ward-19(4), New Delhi

ITA 8587/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 6589 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 03-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: R K MEHRA
• Section: 271(1)(c)

Judgement Text

I.T.A.No.8587/Del/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “G” NEW DELHI BEFORE SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER आ.अ.स ं /.I.T.A No.8587/Del/2019 /Assessment Year: 2013-14 Sunil Dara D-42, Ansal Villas, Satbari, Chattarpur, New Delhi. ब म Vs. ITO Ward 19(4) New Delhi. PAN No. AADPD0691H अ Appellant /Respondent िनधा रतीक ओरसे /Assessee by Shri R K Mehra, CA राज वक ओरसे /Revenue by Shri Abhishek Kumar, Sr. DR स ु नवाईक तारीख/ Date of hearing: 16.06.2022 उ ोषणाक तारीख/Pronouncement on 16.06.2022 आदेश /O R D E R PER C.N. PRASAD, J.M. This appeal by assessee has been directed against the order of Ld. CIT(Appeals)-22, New Delhi dated 28.08.2019 for AY 2013-14 in sustaining the penalty levied u/s 271(1)(c) of the Act. 2. Ld. Counsel for Assessee at the outset submits that the assessee opted under VSVS and settled the dispute by paying the taxes vide Form No.5 dated 24.02.2021. Ld. Counsel submits that the quantum appeal in ITA No. 4844/Del/2017 has been dismissed by the Tribunal by order dated 11.01.2021 as the Assessee opted under VSVS. It is submitted that under I.T.A.No.8587/Del/2019 2 the said scheme if quantum appeal is settled there is complete waiver of penalty levied on the quantum additions/disallowance made in the assessment proceedings. Therefore, it is requested that the appeal be permitted to be withdrawn. 3. In view of the above submissions appeal of assessee is dismissed as withdrawn. Order pronounced in the open court on 16/06/2022 Sd/- Sd/- (PRADIP KUMAR KEDIA) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 16/06/2022 *Kavita Arora, Sr. P.S. Copy of order sent to- Assessee/AO/Pr. CIT/ CIT (A)/ ITAT (DR)/Guard file of ITAT. By order Assistant Registrar, ITAT: Delhi Benches-Delhi