This case involves Udhyam Merchandise Pvt Ltd, which appealed against the order of the CIT(A)-9, New Delhi concerning the assessment year 2011-12. The appeal was eventually withdrawn as the assessee opted to settle under the Vivad Se Vishwas Scheme, 2020.
The dispute pertains to tax arrears for the assessment year 2011-12. Udhyam Merchandise Pvt Ltd decided to resolve the issue through the Vivad Se Vishwas Scheme, which was introduced by the Government of India to settle pending disputes related to direct taxes.
During the proceedings, the assessee’s representative communicated via letter and email the decision to withdraw the appeal in favor of settling the dispute under the Vivad Se Vishwas Act, 2020. The tribunal accepted the withdrawal following confirmation of the settlement certificate under Section 5(1) of the Act.
The appeal was dismissed as withdrawn on March 12, 2021. This case highlights the effective use of the Vivad Se Vishwas scheme to amicably resolve disputes without further litigation, providing a swift conclusion to longstanding tax disputes.
This case serves as an important precedent for taxpayers considering the Vivad Se Vishwas scheme as a viable option to settle tax disputes. It underscores the government’s initiative to reduce litigation and provide a straightforward path to dispute resolution.
The detailed order is as follows:
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH ‘A’ NEW DELHI
(Through Video Conferencing)
BEFORE SHRI G.S. PANNU, VICE PRESIDENT
AND
SHRI K.N. CHARY, JUDICIAL MEMBER
ITA No. 1659/Del/2020
Assessment Year: 2011-12
M/s Udhyam Merchandise Pvt. Ltd.,
108, Ansal Bhawan,
16, K.G. Marg,
New Delhi-110001
(PAN: AAA-CU-3045-L)
vs Income Tax Officer,
Ward 27(2),
New Delhi.
(Appellant) (Respondent)
Appellant by: Shri V.K. Jain, CA
Respondent by: Shri M. Barnwal, Sr. DR
Date of hearing: 12.03.2021
Date of pronouncement: 12.03.2021
ORDER
PER G.S. PANNU, VICE PRESIDENT
This appeal by the assessee is directed against the order of learned Commissioner of Income Tax(A)-9, New Delhi dated 14.08.2020 and pertains to assessment year 2011-12.
2. The learned counsel for the assessee, vide letter dated 29.01.2021 as well as email dated 2.3.2021, has requested for withdrawal of the appeal 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.
3. Learned Senior DR has no objection.
4. In view of the above, we accept the request of the assessee for withdrawal of the appeal.
5. In the result, the appeal of the assessee is dismissed as withdrawn.
Above decision was announced on conclusion of Virtual Hearing in the presence of both the parties on 12th March, 2021.
Sd/- Sd/-
(K.N. CHARY) (G.S. PANNU)
JUDICIAL MEMBER VICE PRESIDENT
‘GS’
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR, ITAT By Order
Assistant Registrar
Case Summary of ITA 1659/DEL/2020: Udhyam Merchandise Pvt Ltd vs ITO Ward-27(2), New Delhi
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