This legal analysis focuses on ITA No. 1409/DEL/2020 where Bhardwaj Overseas Pvt Ltd from Jind challenged decisions made by ITO WARD – TDS, Hisar, for the assessment year 2018-19.
Bhardwaj Overseas Pvt Ltd filed an appeal against the order from the CIT(A), Hisar dated January 28, 2020. The case was reviewed under the provisions of the Income Tax Act, 1961, particularly focusing on disputes from the assessment year 2018-19.
During the proceedings, held virtually, the appellant Bhardwaj Overseas, chose to withdraw the appeal. This decision was influenced by their choice to settle the dispute under the Direct Tax Vivad Se Vishwas Act, 2020, a scheme introduced by the government to reduce litigation in direct tax payments.
The tribunal accepted the withdrawal of the appeal after confirming the receipt of a certificate under Section 5(1) of The Direct Tax Vivad Se Vishwas Act, 2020. The hearing was concluded on March 12, 2021, with both judicial and accountant members present.
This case highlights the effectiveness of alternative dispute resolution mechanisms provided by tax laws in India. The decision to opt for the Vivad Se Vishwas scheme illustrates a strategic move by the company to mitigate lengthy legal disputes and reduce uncertainty regarding tax obligations.
The withdrawal of the appeal by Bhardwaj Overseas signifies a significant resolution strategy under the current tax framework, promoting a quicker resolution to disputes and reducing the burden on judicial systems.
Legal Review of ITA No. 1409/DEL/2020: Bhardwaj Overseas Pvt Ltd vs. ITO WARD – TDS, Hisar
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