The case number ITA 738/DEL/2019 involves the appellant, Pawan Kumar Bansal from New Delhi, and the respondent, ITO, Ward-40(3), New Delhi. This case pertains to the assessment year 2014-15, with the final tribunal order pronounced on March 25, 2021. The appeal was filed on February 1, 2019.
Pawan Kumar Bansal filed an appeal against the order dated November 15, 2018, passed by the Commissioner of Income Tax (Appeals)-14, New Delhi, relating to the assessment year 2014-15. The appeal was heard through video conferencing by the Delhi Bench ‘SMC-1’ of the Income Tax Appellate Tribunal (ITAT) comprising Sh. Anil Chaturvedi, Accountant Member, and Sh. K. Narasimha Chary, Judicial Member.
The primary issue in this appeal was related to the income tax assessment of Pawan Kumar Bansal for the year 2014-15. However, before the tribunal could proceed with the substantive hearing, the appellant submitted an application dated March 24, 2021, indicating his decision to opt for the Vivad Se Vishwas (VSV) Scheme, 2020.
The appellant’s representative, Shri Suresh K. Gupta, C.A., informed the tribunal that Pawan Kumar Bansal had filed the necessary declaration (Form-1) and undertaking (Form-2) under the VSV Scheme, and the department had issued Form-3. Based on this, the appellant sought to withdraw the appeal. The Revenue, represented by Shri Rupesh Agarwal, Sr. DR, raised no objections to this request.
Considering the appellant’s request and the lack of opposition from the Revenue, the tribunal decided to dismiss the appeal as withdrawn. The tribunal also included a caveat that if the dispute relating to tax arrears for the assessment year 2014-15 is not ultimately resolved under the VSV Scheme, the appellant has the liberty to approach the tribunal for reinstating the appeal. The tribunal assured that such an application would be considered appropriately as per law.
In conclusion, the tribunal allowed the withdrawal of the appeal filed by Pawan Kumar Bansal, subject to the resolution of the tax arrears under the VSV Scheme. The decision to opt for the VSV Scheme indicates the appellant’s intention to settle the tax dispute amicably and avoid prolonged litigation.
The tribunal pronounced the order in the open court on March 25, 2021, immediately after the conclusion of the hearing conducted in virtual mode. The order stated that the appeal of the assessee is dismissed as withdrawn.
Sd/- (ANIL CHATURVEDI) Accountant Member
Sd/- (K. NARASIMHA CHARY) Judicial Member
Dated: 25th March, 2021
PY*
Copy forwarded to:
By Order
Assistant Registrar, ITAT, New Delhi
Pawan Kumar Bansal vs ITO: Appeal Withdrawn After Opting for Vivad Se Vishwas Scheme
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