SUDHIR BHARDWAJ,MATHURA V. INCOME TAX OFFICER 1(3)(1), MATHURA

ITA 189/AGR/2024

AI Insights

The case involves Shri Sudhir Bhardwaj, the appellant, who was in dispute with the Income-tax Officer, Ward 1(3)(1), Mathura, the respondent, regarding a penalty order under section 271B of the Income-tax Act, 1961. The dispute arose from the assessment year 2020-21. The appellant opted to resolve the dispute through the Direct Tax Vivad Se Vishwas Scheme, 2024, a scheme aimed at settling pending tax disputes. The appellant's counsel submitted a withdrawal application accompanied by the necessary forms and certificates to the tribunal, indicating the appellant's participation in the aforementioned scheme. The Department, represented by the Senior Departmental Representative, did not object to the withdrawal of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 25910 (ITAT-AGRA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2025
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2020-2021
• Laws Referred To: Income-tax Act, 1961, Finance(No.2) Act, 2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHAILENDRA SRIVASTAVA
• Assessee Lawyers: WITHDRAWAL APPLICATION FILED BY M M AGRAWAL
• Section: 90; 92; 271B

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL, AGRABENCH, AGRA BEFORE : SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER And SHRI SUDHIR KUMAR, JUDICIAL MEMBER ITA No. 189/Agr/2024 Assessment Year: 2020-21 Shri Sudhir Bhardwaj 72C, Shastri Nagar, Krishna Nagar,Mathura-281004, U.P. v. Income-tax Officer, Ward 1(3)(1), Aayakar Bhawan, Radhika Vihar, NH-2, Mathura-281004, U.P. PAN :AJQPB3329Q (Appellant) (Respondent) ORDER PER RAMIT KOCHAR, Accountant Member: This appeal in ITA No.189/Agr/2024 for the assessment year 2020-21 has arisen from the appellate order dated04.04.2024[DIN & Order No. ITBA/NFAC/S/250/2024-25/1063907292(1)], passed by learned Commissioner of Income-tax (Appeals), NFAC, Delhi, which, in turn, has arisen from the penalty order dated 16.03.2023passed by Assessing Officer u/s. 271B of the Income-tax Act, 1961(DIN No. ITBA/PNL/F/271B/2022-23/1050834722(1)). Assessee by Withdrawal Application Filed by Shri M M Agrawal, CA Revenue by Shri Shailendra Srivastava, Sr. DR Date of hearing 16.01.2025 Date of pronouncement 28.01.2025 ITA No.189/Agr/2024 2 | P a g e 2. The learned counsel for the assessee Shri Murli Manohar Agrawal, FCAhas filed an application before the Bench accompanied with Form No. 2 dated 08.11.2024 issued by ld. PCIT, Agra , wherein in the application filed before the Bench it is stated that the assessee has opted to settle tax dispute under Direct Tax Vivad Se Vishwas Scheme, 2024, and has duly filed declaration in Form No. 1 u/s 90 of the Finance(No.2) Act, 2024 with the Department vide Acknowledgment No. 590752310081024 dated 08.10.2024. It was submitted that the department has issued Form No. 2 under Rule 5 being Certificate under Sub-Section (1) of Section 92 of the Finance(No.2) Act, 2024(under the Direct Tax Vivad Se Vishwas Scheme, 2024) bearing number 686479831081124 dated 08.11.2024 issued by ld. PCIT, Agra. The said Form No. 2 is placed on record by ld. Counsel for the assessee. Prayers were made by ld. Counsel for the assessee vide written application that in view thereof the assessee wants to withdraw its appeal in ITA No. 189/Agr/2024 for assessment year 2020-21. 3. On being asked by the Bench, learned Sr. DR submitted that the Department has no objection if the appeal of the assessee is allowed to be withdrawn. 4. After hearing ld. Sr. DR and perusing the material on record, we hereby dismiss the appeal filed by the assessee in ITA No. 189/Agr/2024 ITA No.189/Agr/2024 3 | P a g e for the assessment year 2020-21 being withdrawn by the assessee on the ground that the assessee has availed The Direct Tax Vivad Se Vishwas Scheme, 2024, as stated by ld. Counsel for the assessee vide written application filed before the Bench , wherein Certificate in Form No. 2 (Under Rule-5) being certificate under Sub-section (1) of section 92 of Finance(No. 2) Act, 2024 under the Direct Tax Vivad Se Vishwas Scheme, 2024, dated 08.11.2024 issued by learned Principal CIT, Agra bearing acknowledgement number 686479831081124 is placed on record by ld. counsel for the assessee vide application filed before the Bench requesting for withdrawal of the aforesaid appeal. We order accordingly. 5. In the result, appeal of the assessee in ITA no. 189/Agr/2024 for assessment year 2020-21stands dismissed as being withdrawn as detailed above. Order pronounced in the open court on 28/01/2025. Sd/- Sd/- SUDHIR KUMAR (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 28/01/2025 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, Agra "