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TMI Blog2022 (12) TMI 1123X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act. Since the dispute is related to the quantum of 201(1) proceedings the same is already settled and therefore, penalty cannot be imposed subsequently under Section 271C of the Act. Thus, the penalty proceedings by the Department and confirm by the CIT(A) is deleted. The appeal of the assessee allowed. - I.T.A. Nos.262 & 263/Ahd/2022 - - - Dated:- 23-12-2022 - Ms. Suchitra Kamble, Judicial Member For the Appellant : Shri M.K. Patel, Advocate For the Respondent : Shri M. Anand Kumar, Sr. D.R. ORDER The appeals filed by the different assessee are against the order passed by the Ld. CIT(Appeals), National Faceless Appeal Centre (in short NFAC ), Delhi on 12.05.2022 24.03.2022 for A.Y. 2015-16. ITA No. 262 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivas se Vishwas Scheme (VSVS) and settled the dispute under Section 201(1) as the assessee s appeal before the CIT(A) was pending on the quantum proceedings. Form No. 5 related to order for full and final settlement of tax arrears was issued by the Department on 09.04.2021. 4. Being aggrieved by the penalty order under Section 271C of the Act the assessee filed appeal before the CIT(A). The CIT(A) dismiss the appeal of the assessee. 5. The Ld. A.R. submitted that since the quantum under Section 201(1)(/201(1A) has already been settled as the assessee opted for the Vivad se Vishwas Scheme vide application dated 09.12.2020 the CIT(A) as well as the Assessing Officer should not have imposed the penalty. The Ld. A.R. further submitted tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmunity from penalty as the appellant has opted of VSVS in respect of order u/s 201(1) of the Act. (3) The appellant craves leave to add, alter, amend any ground of appeal. 9. There is delay of 36 days in filing the present appeal which has been explained by the assessee by giving the reasons for delay. The reasons appear to be genuine hence the delay is condoned. 10. As regards, ITA No. 263/Ahd/2022 the same is related to the co-owner of the land and identical order under Section 201(1)/201(1A) of the Act was passed therein the assessee has opted for VSVS and Form No. 5 dated 09.04.2021 was issued in respect of full and final settlement of tax arrears by the Department. The issue is identical and the penalty imposed therein do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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