This article provides a detailed analysis of the Income Tax Appellate Tribunal’s decision for ITA No. 306/DEL/2019 concerning Sanjeev Kumar Aggarwal, New Delhi, against the Assistant Commissioner of Income Tax, Central Circle-6, New Delhi.
The case revolves around the assessment for the assessment year 2015-16 following a search and seizure operation. Sanjeev Kumar Aggarwal filed the appeal on January 17, 2019. The Tribunal heard the case on December 24, 2020, and pronounced the order on the same day.
The primary issue was the validity of the assessment under section 153A of the Income Tax Act, 1961, following the search operations. The appellant contested the assessment based on the Vivad Se Vishwas Scheme, 2020.
The appellant, represented by Ms. Saumya Jain, CA, argued that the assessment should be settled under the Vivad Se Vishwas Scheme, 2020. The request for withdrawal of the appeal was based on the resolution of tax arrears under this scheme.
The Tribunal, consisting of Shri G.S. Pannu (Vice President) and Shri Sudhanshu Srivastava (Judicial Member), evaluated the arguments and found the following:
The Tribunal’s decision to allow the withdrawal of the appeal underscores the effectiveness of the Vivad Se Vishwas Scheme, 2020, in resolving tax disputes. This case sets a precedent for similar cases where taxpayers opt to settle their disputes under the scheme, promoting a quick resolution and reducing litigation.
The Tribunal’s decision in ITA 306/DEL/2019 highlights the importance of government schemes like the Vivad Se Vishwas Scheme in providing a resolution pathway for taxpayers. The case reaffirms the taxpayer’s right to settle disputes under the scheme, promoting a more efficient and less adversarial tax administration process.
In conclusion, Sanjeev Kumar Aggarwal’s appeal was allowed to be withdrawn, and the case was dismissed as withdrawn, providing a clear example of the practical application of the Vivad Se Vishwas Scheme, 2020.
Detailed Analysis of ITA 306/DEL/2019: Sanjeev Kumar Aggarwal vs ACIT
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