Income Tax Appellate Tribunal - Delhi
Muni Roller Flour Mills Pvt. Ltd., ... vs Dcit, Karnal on 2 November, 2021
IT(SS) No.- 5/ Del/2018.
Muni Roller Flour Mills Pvt. Ltd.
IN THE INCOME TAX APPELLATE TRIBUNAL
(DELHI BENCH: 'E': NEW DELHI)
(THROUGH VIDEO CONFERENCING)
BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER
AND
SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER
IT(SS)A No:- 5/Del/2018
(Assessment Year: 1988-89 to 1998-99)
Muni Roller Flour Mills Pvt. DCIT,
Ltd., Vs. Karnal.
Kaithal.
APPELLANT RESPONDENT
PAN No: AAAPG7190D
Assessee By : None.
Revenue By : Smt. Sarita Kumari, CIT(DR)
Per Anadee Nath Misshra, AM
(A) This appeal by Assessee is filed against the order of Commissioner of Income Tax (Appeal), Karnal, dated 08-08-2018 for Assessment Year 1988-89 to 1998-99. Grounds taken in this appeal of Assessee are as under:
"1. Penalty imposed u/s 158BFA(2) r.w.s. (3) & confirmed by CIT(A) is TIME BARRED.
2. The CIT(A) has erred in law & facts in confirming the penalty imposed by A.O. by taking shelter of Sec. 275(IA).
3.The CIT(Appeals) has erred in confirming the levy of penalty u/s 158 BFA(2) of the Act without assigning proper reasons and jurisdiction.Page 1 of 4
IT(SS) No.- 5/ Del/2018.
Muni Roller Flour Mills Pvt. Ltd.
4. The CIT (Appeals) has failed to appreciate that the order imposing penalty is invalid, erroneous, passed without jurisdiction and not sustainable both on facts and in law.
5. The CIT (Appeals) has failed to appreciate that the provisions of Section 158BFA(2) of the Act had no application to the facts of the case.
6. The CIT(Appeals) has failed to appreciate that the proceedings in the quantum and the proceedings imposing penalty are distinct and separate and the penalty proceedings envisage discretion on the part of the Assessing Officer in the levy of such penalty which discretion was not judiciously used in favour of the Appellant on facts and in the circumstances of the case.
7. The grounds craves leave to add, amend and / or filed any additional ground / arguments before or at the time of hearing."
(B) At the time of hearing, we took notice of letter by Muni Roller Flour Mills (P) Ltd. (Assessee). In this letter, it has been intimated that the assessee has opted for Vivad Se Vishwas Act, 2021 ("VSVS", for short), and that the assessee has already filed the relevant forms, namely Forms-1, 2, and 4 under Direct Tax Vivad Se Vishwas Act, 2020. It is further intimated in this letter, that Designated Authority under VSVS has already issued Form-3 and Form-5. In this letter it has been also stated that the assessee wishes to withdraw the appeal. In view of this, the Learned Commissioner of Income Tax (Departmental Representative) ["Ld. CIT(DR), for short] submitted before us that this appeal may be allowed to be withdrawn and may be dismissed on account of the aforesaid VSVS. After due consideration, we are of the opinion that this appeal has become infructuous on account of the assessee opting for VSVS; and the assessee's appeal accordingly is hereby allowed to be withdrawn on account of the aforesaid VSVS. Page 2 of 4
IT(SS) No.- 5/ Del/2018.
Muni Roller Flour Mills Pvt. Ltd.
After due consideration, and in view of the foregoing; we treat this appeal as withdrawn on account of the aforesaid VSVS. Accordingly, this appeal is dismissed, as withdrawn. (B.1) Before we part, we hereby clarify, by way of abundant caution, that if for some reason it is found by the Assessee that the disputes under this appeal before us are not fully settled under the aforesaid VSVS, then Assessee will be at liberty to approach ITAT for restoration of this appeal, in accordance with law.
(C) In the result, this appeal is dismissed.
This order was orally pronounced on 28th October, 2021 in Open Court, in the presence of CIT(DR) for the Revenue, after conclusion of the hearing. Now this order in writing is signed today on 02/11/2021.
Sd/- Sd/-
(KUL BHARAT) (ANADEE NATH MISSHRA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated :
(Pooja)
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
ITAT NEW DELHI
Page 3 of 4
IT(SS) No.- 5/ Del/2018.
Muni Roller Flour Mills Pvt. Ltd.
Date of dictation
Date on which the typed draft is placed before the dictating Member Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk 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 Page 4 of 4