This article provides a comprehensive overview of the case ITA 246/DEL/2019, where the appellant, Moonlight Continental (P) Ltd., New Delhi, contested an assessment order issued by the DCIT, Circle-17(1), New Delhi, for the assessment year 2014-15. The case was eventually withdrawn under the Vivad Se Vishwas Scheme, 2020.
The appellant, Moonlight Continental (P) Ltd., filed an appeal against the order dated 20.08.2018 passed by the Commissioner of Income Tax (Appeals)-28, New Delhi. The assessment year in question was 2014-15, and the appeal was filed on 14.01.2019.
The primary contention in the appeal was related to the assessment made by the Deputy Commissioner of Income Tax (DCIT), Circle-17(1), New Delhi. Specific details regarding the disputes in the assessment were not discussed in the final order as the appeal was withdrawn.
The case was heard on 22.04.2022 by the Delhi Bench ‘E’ of the Income Tax Appellate Tribunal (ITAT). The bench comprised Shri G.S. Pannu, President, and Shri Saktijit Dey, Judicial Member. The appellant was represented by none, and the respondent was represented by Shri Umesh Takyar, Senior Departmental Representative (DR).
The appellant, through its director, submitted a letter dated 08.04.2022 seeking permission to withdraw the appeal. The withdrawal was requested because the appellant opted to settle the dispute under the Direct Tax Vivad Se Vishwas Scheme, 2020. The learned Departmental Representative did not object to this request.
The tribunal, upon reviewing the material on record, noted that the appellant had filed a declaration under the Vivad Se Vishwas Scheme, 2020, to settle the dispute arising in the appeal. Accepting the appellant’s declaration, the designated authority issued Form-5 on 02.12.2021, effectively resolving the dispute for all practical purposes.
In view of the declaration under the Vivad Se Vishwas Scheme, 2020, and the issuance of Form-5, the tribunal permitted the appellant to withdraw the appeal. Consequently, the appeal was dismissed as withdrawn.
The tribunal’s acceptance of the withdrawal request under the Vivad Se Vishwas Scheme underscores the scheme’s role in facilitating the resolution of tax disputes. By opting for this scheme, taxpayers can settle their disputes amicably, potentially reducing litigation costs and expediting the resolution process.
The case of ITA 246/DEL/2019 highlights the effectiveness of the Vivad Se Vishwas Scheme, 2020, in resolving tax disputes. It serves as a reminder for taxpayers and practitioners about the benefits of such schemes in achieving tax compliance and dispute resolution.
The order was pronounced in the open court on 22nd April, 2022, by the members of the tribunal, Shri G.S. Pannu and Shri Saktijit Dey.
Case Number: ITA 246/DEL/2019
Appellant: Moonlight Continental (P) Ltd., New Delhi
Respondent: DCIT, Circle-17(1), New Delhi
Assessment Year: 2014-15
Order Type: Final Tribunal Order
Date of Order: 2022-04-22
Date of Pronouncement: 2022-04-22
This case exemplifies the resolution of tax disputes through alternative mechanisms and highlights the procedural aspects of the tribunal in dealing with withdrawal requests under statutory schemes.
Moonlight Continental (P) Ltd. Withdraws Appeal in ITA 246/DEL/2019 Under Vivad Se Vishwas Scheme
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