Case Number: ITA 457/DEL/2019
Appellant: Polylace India P. Ltd, New Delhi
Respondent: DCIT, Circle-20(1), New Delhi
Assessment Year: 2009-10
Case Filed On: 2019-01-23
Order Type: Final Tribunal Order
Date of Order: 2021-03-12
Pronounced On: 2021-03-12
The case of Polylace India P. Ltd vs DCIT, Circle-20(1), New Delhi, pertains to the assessment year 2009-10. The appellant, Polylace India P. Ltd, filed an appeal against the order passed by the Learned CIT(A)-XXV, New Delhi. The appeal was filed on 2019-01-23 and was finally decided on 2021-03-12 by the Income Tax Appellate Tribunal (ITAT) Delhi Bench ‘A’ through video conferencing.
Polylace India P. Ltd, based in New Delhi, filed an appeal against the order of the Learned CIT(A)-XXV, New Delhi, for the assessment year 2009-10. The company faced scrutiny and various assessments by the Deputy Commissioner of Income Tax (DCIT), Circle-20(1), New Delhi, leading to the filing of this appeal.
During the pendency of the appeal, the appellant opted to settle the dispute under the “Vivad Se Vishwas Scheme, 2020”. This scheme was introduced by the Government of India to reduce litigation in direct taxes and provide an opportunity to taxpayers to settle their tax disputes. A certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, was filed by the appellant to this effect.
The Income Tax Appellate Tribunal (ITAT) Delhi Bench ‘A’ heard the case through video conferencing on 12.03.2021. The assessee’s director had earlier submitted a letter dated 22.2.2021, requesting withdrawal of the appeal and stating that the appellant had opted for the Vivad Se Vishwas Scheme. The Senior Departmental Representative (DR) had no objection to the withdrawal of the appeal.
Considering the request for withdrawal and the fact that the appellant had opted for the Vivad Se Vishwas Scheme, the ITAT accepted the request and dismissed the appeal as withdrawn. The tribunal announced the decision on 12.03.2021, immediately after the conclusion of the virtual hearing.
The case underscores the growing preference for resolving tax disputes through the Vivad Se Vishwas Scheme, which aims to reduce litigation and provide a quick resolution mechanism for taxpayers. The dismissal of the appeal under this scheme highlights the effectiveness of such alternative dispute resolution mechanisms in the Indian taxation system.
In summary, the appeal filed by Polylace India P. Ltd for the assessment year 2009-10 was dismissed as withdrawn by the ITAT Delhi Bench ‘A’. The appellant opted to settle the tax dispute under the Vivad Se Vishwas Scheme, leading to the withdrawal of the appeal. The tribunal accepted the withdrawal and pronounced the decision on 12.03.2021.
The final judgment is as follows:
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH ‘A’: NEW DELHI
(Through Video Conferencing)
BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND
SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER
ITA No. 457/Del/2019
Assessment Year: 2009-10
M/S POLYLACE INDIA P. LTD.,
A-107, WAZIRPUR INDUSTRIAL AREA, DELHI – 110 052
PAN: AAACP0227H
Vs
DCIT, CIRCLE 20(1),
NEW DELHI
(APPELLANT) (RESPONDENT)
Appellant by Sh. Nipun Mittal, CA
Respondent by Sh. M. Baranwal, Sr. DR
Date of Hearing 12.03.2021
Date of Pronouncement 12.03.2021
ORDER
PER G.S. PANNU, VP:
This appeal by the assessee for the assessment year 2009-10 is directed against the order of Learned CIT(A)-XXV, New Delhi.
2. The assessee’s Director vide letter dated 22.2.2021 has requested for withdrawal of the appeal filed by the assessee 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.
3. Learned Senior DR has no objection.
4. In view of the above, we accept the request of the assessee for withdrawal of the aforesaid appeal.
5. In the result, the appeal of the assessee is dismissed as withdrawn.
Above decision was pronounced in the presence of both the parties on conclusion of Virtual Hearing on 12th March, 2021.
Sd/- Sd/-
(K. NARASIMHA CHARY) (G.S. PANNU)
JUDICIAL MEMBER VICE PRESIDENT
SRB
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT
Assistant Registrar
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