The case ITA 16/DEL/2019 involves the appellant Usha Gupta from Delhi, who filed an appeal against the Income Tax Officer (ITO), Ward-46(5), New Delhi, for the assessment year 2014-15. The appeal was initially filed on January 2, 2019, and the final order was pronounced on February 19, 2021.
Usha Gupta, the appellant, filed this appeal against the assessment order passed by the ITO, Ward-46(5), New Delhi. The appeal was directed against the order of the Learned Commissioner of Income Tax (Appeals) [CIT(A)]-16, New Delhi. The primary issue in the appeal was the assessment of tax arrears for the assessment year 2014-15.
The appellant raised the following grounds in the appeal:
The appeal was heard by Shri R.K. Panda, Accountant Member, and Shri K.N. Chary, Judicial Member, of the Delhi “F” Bench of the Income Tax Appellate Tribunal (ITAT) through video conferencing. The appellant did not appear, and the respondent was represented by Senior Departmental Representative (DR) Shri M. Baranwal.
The appellant, Usha Gupta, a resident of Delhi, filed this appeal to contest the additions made by the ITO in their assessment for the year 2014-15. The primary contention was that the additions were not justified and sought relief from the tribunal.
The appellant’s representative did not appear during the hearing. However, the appellant submitted a request for withdrawal of the appeal, stating that they had opted to settle the dispute relating to the tax arrears under the Vivad Se Vishwas Scheme, 2020. A certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020, was also filed to support this request.
The Senior DR, Shri M. Baranwal, raised no objection to the withdrawal request submitted by the appellant.
The ITAT, after considering the submissions and reviewing the evidence, accepted the request for withdrawal of the appeal. The tribunal noted that the appellant had opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020, and had submitted the necessary certificate to this effect.
The final order in ITA 16/DEL/2019 was pronounced on February 19, 2021, with the appeal being dismissed as withdrawn due to the appellant opting to settle the dispute under the Vivad Se Vishwas Scheme, 2020. This scheme allows taxpayers to settle their tax disputes by paying the disputed tax amount and provides relief from interest and penalties.
The Income Tax Appellate Tribunal’s order was as follows:
This appeal by the assessee for the assessment year 2014-15 is directed against the order of learned CIT(A)-16, New Delhi dated 31.10.2018.
None appeared on behalf of the assessee at the time of Virtual hearing before us. The learned counsel for the assessee, vide its letter dated 16.02.2021, received through email, has requested for withdrawal of the appeal filed by him 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.
Learned Senior DR has no objection.
In view of the above, we accept the request of the assessee for withdrawal of the appeal.
In the result, the appeal of the assessee is dismissed as withdrawn.
Above decision was announced on conclusion of Virtual Hearing on 19th February, 2021.
Sd/-
(K.N. CHARY)
JUDICIAL MEMBERSd/-
(R.K. PANDA)
ACCOUNTANT MEMBER
This case highlights the utility of the Vivad Se Vishwas Scheme, 2020, in resolving tax disputes amicably and efficiently, providing relief to taxpayers and reducing litigation.
Appeal Withdrawal: Usha Gupta vs. ITO, Ward-46(5), New Delhi – ITA 16/DEL/2019
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