Case Number: ITA 875/DEL/2020
Appellant: Seth Management & Financial Services Pvt. Ltd., New Delhi
Respondent: ITO, Ward-23(1), New Delhi
Assessment Year: 2010-11
Result: 2010-11
Case Filed on: 2020-02-20
Order Type: Final Tribunal Order
Date of Order: 2021-04-08
Pronounced On: 2021-04-08
Conclusion: Withdrawal of appeal under Vivad Se Vishwas Scheme
The case ITA 875/DEL/2020 involved the appellant Seth Management & Financial Services Pvt. Ltd., New Delhi, contesting an order passed by the Income Tax Officer (ITO), Ward-23(1), New Delhi, for the assessment year 2010-11. The appeal was filed on 2020-02-20 with the aim of addressing tax arrears and assessments made by the ITO.
The case was adjudicated by Shri Kul Bharat, Judicial Member, of the Income Tax Appellate Tribunal, Delhi “SMC-1” Bench, through video conferencing. The hearing took place on 8th April 2021, and the order was pronounced on the same day.
On 5th April 2021, the appellant’s director, Ms. Neelam Seth, submitted a letter requesting the withdrawal of the appeal. This request, received through email, indicated that the appellant had opted to resolve the tax dispute under the Vivad Se Vishwas Scheme, 2020. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, was also filed, signifying the appellant’s intention to settle the tax arrears for the assessment year under consideration.
The respondent, represented by Sh. R.K. Gupta, Senior Departmental Representative (DR), raised no objections to the appellant’s withdrawal request. The absence of opposition facilitated a seamless conclusion to the case.
In light of the appellant’s request and the absence of objections from the respondent, the tribunal accepted the withdrawal of the appeal. The order stated, “In view of the above, I accept the request of the assessee for withdrawal of the appeal.” Consequently, the appeal was dismissed as withdrawn.
This case underscores the efficacy of the Vivad Se Vishwas Scheme, 2020, in amicably and expeditiously resolving tax disputes. The appellant’s decision to opt for this scheme resulted in the withdrawal of the appeal, thereby concluding the dispute for the assessment year 2010-11. The tribunal’s order reflects the procedural efficiency and cooperative spirit fostered by such settlement schemes.
The official order read as follows:
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “SMC-1” BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.875/Del/2020 Assessment Year : 2010-11 Seth Management & Financial Services Pvt.Ltd. vs. Income-tax Officer, 801, Vishwa Sadan Building, Ward-23(1), New Delhi Distt.Centre, Janakpuri, New Delhi-110058. PAN-AAJCS0737N APPELLANT RESPONDENT Appellant by Ms. Neelam Seth, Director Respondent by Sh. R.K.Gupta, Sr. DR Date of Hearing 08.04.2021 Date of Pronouncement 08.04.2021 ORDER PER KUL BHARAT, JM: This appeal filed by the assessee for the assessment year 2010-11 is directed against the order of learned CIT(A)-XXV, New Delhi dated 27.12.2019. The assessee, vide its letter dated 05.04.2021, received through email, has requested for withdrawal of the appeal filed by her and stated that the assessee has opted to settle the dispute relating to the tax arrears for the assessment year under consideration under the “Vivad Se Vishwas Scheme, 2020”. A certificate to this effect under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020 has also been filed. Learned Senior DR has no objection. In view of the above, I accept the request of the assessee for withdrawal of the appeal. In the result, the appeal of the assessee is dismissed as withdrawn. Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 08th April, 2021. Sd/- (KUL BHARAT) JUDICIAL MEMBER * Amit Kumar * Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI
This decision was announced during a virtual hearing on 8th April 2021, in the presence of both parties.
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