Case Number: ITA 637/DEL/2019
Appellant: North India Infratech Pvt Ltd, Delhi
Respondent: ACIT, Circle-18(4), New Delhi
Assessment Year: 2007-08
Result: Dismissed as Withdrawn
Case Filed On: 2019-01-29
Order Type: Final Tribunal Order
Date of Order: 2021-03-16
Pronounced On: 2021-03-16
The case of North India Infratech Pvt Ltd vs ACIT in the Income Tax Appellate Tribunal (ITAT) for the assessment year 2007-08 revolves around the tax dispute settled under the Vivad Se Vishwas Scheme. This article provides an in-depth analysis of the case, the proceedings, and the final judgment that led to the dismissal of the appeal as withdrawn.
North India Infratech Pvt Ltd, the appellant in this case, had filed an appeal against the order of the learned Commissioner of Income Tax (Appeals)-28, New Delhi [CIT(A)], dated 12.01.2018, for the assessment year 2007-08. The dispute arose due to certain additions and disallowances made by the Assessing Officer (AO) during the assessment proceedings. The assessee, dissatisfied with the CIT(A)’s order, filed an appeal with the ITAT.
The appeal was heard by the ITAT Bench ‘SMC-1’, New Delhi, comprising Shri R.K. Panda, Accountant Member. The hearing was conducted through video conferencing due to the ongoing pandemic restrictions. The case was heard and the order was pronounced on 16.03.2021.
The appellant did not appear for the virtual hearing. Instead, the appellant submitted a letter dated 15.03.2021, requesting the withdrawal of the appeal. The letter indicated that the appellant had opted to settle the dispute 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, confirming the settlement of the tax arrears for the assessment year under consideration.
The Senior Departmental Representative (Sr. DR), Ms. Ranu Mukherjee, had no objection to the withdrawal of the appeal.
After considering the submissions and examining the material on record, the ITAT 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, which aims to reduce litigation and settle tax disputes amicably. Consequently, the appeal was dismissed as withdrawn.
In conclusion, the ITAT’s decision in the case of North India Infratech Pvt Ltd vs ACIT for the assessment year 2007-08 highlights the effectiveness of the Vivad Se Vishwas Scheme in resolving tax disputes. The dismissal of the appeal as withdrawn underscores the importance of alternative dispute resolution mechanisms in reducing litigation and providing taxpayers with an efficient way to settle disputes. This case serves as a reference for similar disputes, emphasizing the significance of the Vivad Se Vishwas Scheme in the Indian tax system.
Order pronounced in the open court on 16.03.2021 by the Accountant Member Shri R.K. Panda.
Source: Income Tax Appellate Tribunal, Delhi Bench ‘SMC-1’, New Delhi
Disclaimer: This article provides a general overview of the case and is not a substitute for professional legal advice. For detailed information, readers are encouraged to refer to the official case documents and consult with a qualified legal professional.
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