Rohit Kumar Gupta, New Delhi V. ACIT, Circle-13, New Delhi

ITA 9479/DEL/2019

AI Insights

This case involves an appeal by the assessee, Rohit Kumar Gupta, against the order of the CIT (Appeals)-26, New Delhi, which confirmed the penalty imposed by the AO under section 271(1)(c) of the Income Tax Act, 1961, amounting to Rs.15,99,517 for the assessment year 2014-15. The assessee contended that there was no concealment of income or furnishing of inaccurate particulars, asserting that complete details and particulars of income were furnished before the AO. The ITAT noted that the assessee had opted to settle the dispute related to tax arrears for the assessment year under consideration under the VSVS, 2020. Consequently, the ITAT decided to remit the penalty appeal to the AO for further examination in light of the VSVS settlement.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 114020 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 27-02-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 09-12-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘H’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.9479/Del./2019 (ASSESSMENT YEAR : 2014-15) Rohit Kumar Gupta, vs. ACIT, Circle 13, C-5/27, Safdarjung Development Area, New Delhi. New Delhi – 110 016. (PAN : AAHPG0923D) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Shri Toufel Tahir, Sr. DR Date of Hearing : 28.02.2023 Date of Order : 28.02.2023 ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the assessee is directed against the order of ld. CIT (Appeals)-26, New Delhi dated 15.11.2019 pertaining to AY 2014-15. 2. Grounds of appeal taken by the assessee read as under :- “1. That having regard to the facts and circumstances of the case, Ld. CIT (A) has erred in law and on facts in confirming the action of Ld. AO in imposing penalty u/s 271(1)(c) of the Income Tax Act, 1961 amounting to Rs.15,99,517/-. 2. That Ld. CIT (A) is totally unjustified in upholding the order of the Ld. AO where the assessee neither concealed any income nor furnished inaccurate particulars of income. The assessee furnished complete details and particulars of income ITA No.9479/Del./2019 2 before the Ld. AO, hence the penalty levied is totally unjustified. 3. At the outset, in this case, we note that by an order dated 19.02.2021 in ITA No.20/Del/2018 for AY 2014-15 in assessee’s own case, ITAT has dismissed the assessee’s appeal by noting that assessee has opted to settle the dispute relating to tax arrears for the assessment year under consideration under the Vivad Se Vishwas Scheme, 2020 (VSVS). This was the quantum appeal and the present penalty appeal is related to that. Since the assessee had opted to settle the dispute in quantum by the Dispute Resolution mechanism, we deem it appropriate to remit the present appeal to the file of AO. AO shall examine if the dispute has been settled under VSVS and assessee has paid the necessary tax in that case, then this penalty appeal will not survive. With these directions, we remit the issue to the file of AO. 4. In the result, this appeal filed by the assessee stands allowed for statistical purposes. Order pronounced in the open court on this 28 th day of February, 2023 after the conclusion of the hearing. Sd/- sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 28 th day of February, 2023 TS ITA No.9479/Del./2019 3 Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A) -26, New Delhi. 5.CIT (ITAT) AR, ITAT NEW DELHI.