Penalty ought to be waived off in the appeal under Vivaad se Vishwas Scheme.

The Income Tax Appellate Tribunal Delhi Bench has dismissed an appeal filed by M/s. BSS Buildcon Pvt. Ltd. as withdrawn. The assessee had applied for the Vivad Se Vishwas Scheme, 2020, to settle a tax dispute related to the assessment year 2013-14. Having filed the necessary forms under the scheme, the assessee requested the withdrawal of the current appeal, which was consented to by the Department.

INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH “SMC-1”: NEW DELHI

BEFORE SHR BHAVNESH SAINI, JUDICIAL MEMBER
AND
SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
(Through Video Conferencing)

ITA No. 4831/Del/2019
 (Assessment Year: 2013-14)

M/s. BSS Buildcon Pvt. Ltd.,
M–133, Greater Kailash, Part–II,
New Delhi – 110 048.
PAN: AACCB6435F
(Appellant) 

Vs.

ITO,
Ward-5 (2),
New Delhi
(Respondent)

Assessee by : Shri Rajat Kalsi, C.A.;
Department by : Shri Rajesh Kumar, Sr. DR;
Date of Hearing 03/02/2021
Date of pronouncement 03/02/2021

O R D E R

PER PRASHANT MAHARISHI, A. M.

1. This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-13, New Delhi, dated 17.08.2018 under Section 271(1)(c) of the Income Tax Act, 1961 (the Act) for the Assessment Year 2013-14.

2. At the time of hearing the assessee submitted a letter dated 01.02.2021 withdrawing the present appeal. It is further stated in the letter that the assessee’s quantum appeal bearing ITA. No. 6409 (Del) of 2018 pertaining to Assessment Year 2013-14 is pending before the Tribunal and assessee has filed Form Nos. 1 and 2 under Vivad Se Vishwas Scheme, 2020 to settle the tax dispute in ITA 6409 (Del) of 2018. Form No. 3 has also been received by the company, hence penalty is ought to be waived off in the present appeal.

3. In view of the above facts and after the consent of the ld. DR the above appeal is treated as withdrawn. 

4. In the result, the appeal of the assessee is dismissed as withdrawn.

Order pronounced in the open court on 03/02/2021.

 Sd/-                                                   Sd/-
(BHAVNESH SAINI)                          (PRASHANT MAHARISHI)
JUDICIAL MEMBER                          ACCOUNTANT MEMBER
 Dated : 03/02/2021.
*MEHTA*

Copy forwarded to
1. Appellant
2. Respondent
3. CIT
4. CIT (A)
5. DR: ITAT

ASSISTANT REGISTRAR
 ITAT, New Delhi
 

Date of dictation : 3.02.2021
Date on which the typed draft is placed before the dictating member : 3.02.2021
Date on which the typed draft is placed before the other member : 3.02.2021
Date on which the approved draft comes to the Sr. PS/PS : 3.02.2021
Date on which the fair order is placed before the dictating member for pronouncement : 3.02.2021
Date on which the fair order comes back to the Sr. PS/PS : 3.02.2021
Date on which the final order is uploaded on the website of ITAT : 3.02.2021
date on which the file goes to the Bench Clerk : 3.02.2021
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant
Registrar for signature on the order
Date of dispatch of the order