Case Number: ITA 436/DEL/2019
Appellant: Mahesh Chand Agarwal, New Delhi
Respondent: ITO, Ward-28(4), New Delhi
Assessment Year: 2014-15
Case Filed On: 2019-01-21
Order Type: Final Tribunal Order
Date of Order: 2020-12-24
Pronounced On: 2020-12-24
Mahesh Chand Agarwal, a resident of New Delhi, filed an appeal against the order of the learned Commissioner of Income Tax(A)-10, New Delhi, dated 26th December 2018, for the assessment year 2014-15. The case was heard by the Delhi ‘F’ Bench of the Income Tax Appellate Tribunal (ITAT) through video conferencing, with Shri G.S. Pannu, Vice President, and Shri Sudhanshu Srivastava, Judicial Member, presiding. The appellant was represented by Shri Prabhat Aggarwal, CA, while the respondent was represented by Shri M. Barnwal, Senior DR.
The appeal was directed against the assessment order passed by the ITO, Ward-28(4), New Delhi. The appellant sought relief from the additions made by the Assessing Officer under various sections of the Income-tax Act, 1961. However, during the course of the proceedings, the appellant opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020.
The Vivad Se Vishwas Scheme, 2020, was introduced by the Government of India to resolve pending tax disputes. Under this scheme, taxpayers can settle their disputes by paying a specified percentage of the disputed tax amount, thereby avoiding prolonged litigation.
On 15th December 2020, the appellant’s counsel submitted a request via email for the withdrawal of the appeal, stating that the appellant had opted to settle 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, was also filed.
After considering the request from the appellant and noting that the learned Senior DR had no objection, the tribunal accepted the request for withdrawal of the appeal. The tribunal acknowledged the appellant’s decision to settle the dispute under the Vivad Se Vishwas Scheme, 2020, and dismissed the appeal as withdrawn.
In the final judgment, the tribunal dismissed the appeal filed by Mahesh Chand Agarwal for the assessment year 2014-15, acknowledging the settlement of the tax dispute under the Vivad Se Vishwas Scheme, 2020. The decision was announced in the presence of both parties during the virtual hearing on 24th December 2020.
The Vivad Se Vishwas Scheme, 2020, has provided a significant opportunity for taxpayers to resolve long-pending tax disputes efficiently. By opting for this scheme, taxpayers like Mahesh Chand Agarwal can settle their disputes and avoid prolonged litigation, thereby fostering a more amicable tax compliance environment. The scheme has been beneficial in reducing the backlog of cases in the Income Tax Appellate Tribunal and other judicial bodies, allowing for more streamlined and effective resolution of tax-related matters.
The success of the Vivad Se Vishwas Scheme, 2020, sets a precedent for future dispute resolution schemes that can help streamline the tax litigation process. By providing a clear and efficient pathway for taxpayers to settle disputes, such schemes can significantly enhance the effectiveness of tax administration in India. It also encourages voluntary compliance among taxpayers, fostering a culture of cooperation and transparency between the tax authorities and taxpayers.
The case of Mahesh Chand Agarwal vs ITO demonstrates the effectiveness of the Vivad Se Vishwas Scheme, 2020, in resolving tax disputes amicably. As more taxpayers opt for such schemes, the overall tax compliance environment in India is expected to improve, benefiting both the taxpayers and the tax authorities.
Mahesh Chand Agarwal vs ITO: Withdrawal of Appeal under Vivad Se Vishwas Scheme – ITA 436/DEL/2019
Manage the increasing number of hearings effortlessly by leveraging the legal AI revolution We are India's Leading revolutionary AI-powered legal platform where you can get enough insights into top cases and judgements.
Research Platform