The case ITA No. 5314/Del/2019 involves the appellant Suresh Kumar Kanwar, New Delhi, contesting an order in favor of the respondent ITO Ward 30(1), New Delhi, for the assessment year 2013-14. The appeal was filed on June 11, 2019, against the order passed by the CIT(A)-10, New Delhi, dated April 1, 2019.
Suresh Kumar Kanwar filed the appeal to contest the imposition of a penalty amounting to Rs. 7,21,602 under Section 271(1)(c) of the Income-Tax Act, 1961. The penalty was imposed by the Income Tax Officer (ITO) for alleged concealment or furnishing of inaccurate particulars of income.
The appeal was heard by the Income Tax Appellate Tribunal (ITAT) Delhi Bench ‘B’, New Delhi, with President Shri G.S. Pannu and Judicial Member Shri Saktijit Dey presiding over the case. The hearing took place on April 8, 2022, and the order was pronounced on the same day.
The appellant, Suresh Kumar Kanwar, sought the withdrawal of the appeal, stating that the dispute had been settled under the Vivad Se Vishwas Scheme, 2020. A letter was filed in the Registry by the appellant’s counsel to this effect.
The respondent, represented by Shri Umesh Takyar, Sr. DR, did not express any objection to the withdrawal of the appeal by the appellant.
The ITAT reviewed the materials on record and observed that the appellant had opted to settle the dispute arising in the appeal under the Vivad Se Vishwas Scheme, 2020. The designated authority had issued Form-5 on March 1, 2021, indicating that the dispute had been settled. Consequently, the tribunal accepted the appellant’s request for withdrawal of the appeal.
The following details were crucial in the tribunal’s decision:
The ITAT upheld the request for withdrawal of the appeal by Suresh Kumar Kanwar. The tribunal noted that the dispute had been settled under the Vivad Se Vishwas Scheme, 2020, and accordingly, the appeal was dismissed as withdrawn. The order was pronounced in the open court on April 8, 2022.
Suresh Kumar Kanwar: Penalty Appeal Withdrawal for AY 2013-14
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