Case Number: ITA 378/DEL/2019
Appellant: R.S. Khanna & Sons, New Delhi
Respondent: DCIT, Circle-62(1), New Delhi
Assessment Year: 2015-16
Case Filed On: 2019-01-18
Order Type: Final Tribunal Order
Date of Order: 2022-03-09
Pronounced On: 2022-03-09
The case ITA 378/DEL/2019 involves the appellant, R.S. Khanna & Sons, New Delhi, contesting the assessment made by the DCIT, Circle-62(1), New Delhi, for the assessment year 2015-16. The case was filed on January 18, 2019, and the final order was pronounced on March 9, 2022. The appeal was withdrawn by the appellant under the Vivad Se Vishwas Scheme.
The case was heard before the Delhi Bench “F” of the Income Tax Appellate Tribunal (ITAT), New Delhi, via video conferencing. The bench consisted of Shri Anil Chaturvedi, Accountant Member, and Shri N.K. Choudhry, Judicial Member.
The appeal filed by R.S. Khanna & Sons is against the order dated November 28, 2018, passed by the Commissioner of Income Tax (Appeals)-20, New Delhi, for the assessment year 2015-16.
The appellant, represented by Shri J.C. Kapoor, CA, and Shri Tarun Kapoor, CA, submitted that they had availed the immunity scheme under The Direct Tax Vivad se Vishwas Act, 2020. The Income Tax Department issued Form No. 3 on February 11, 2021, in response to the application filed by the appellant under the scheme. Consequently, the appellant requested the withdrawal of the appeal with liberty to seek recall of the order in case of any unforeseen circumstances in the future.
The respondent, represented by Shri Vipul Kashyap, Ld. Sr. DR, did not raise any objection to the appellant’s request for withdrawal of the appeal.
After hearing the parties and reviewing the application for withdrawal of the appeal along with Form 3 issued by the Department, the tribunal considered the facts and circumstances of the case. The appeal of R.S. Khanna & Sons was dismissed as withdrawn with liberty to seek recall of the order if any unforeseen circumstances arise in the future.
In the final judgment, the tribunal dismissed the appeal of the appellant, R.S. Khanna & Sons, as withdrawn under the Vivad Se Vishwas Scheme, with liberty to seek recall of the order in case of unforeseen circumstances.
This case highlights the application of the Vivad Se Vishwas Scheme, aimed at reducing litigation and providing resolution to pending tax disputes, thereby offering a beneficial mechanism for taxpayers to settle disputes amicably.
Order pronounced in the open court on March 9, 2022.
Members:
Representatives:
Dated: March 9, 2022.
ITA 378/DEL/2019: R.S. Khanna & Sons vs. DCIT – Case Withdrawn Under Vivad Se Vishwas Scheme
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