Assessment Year: 2013-14
This case analysis delves into the appeal by ADM Agro Industries Dharwad Pvt. Ltd. against an order by CIT(A)-32, New Delhi, and its subsequent resolution under the Vivad Se Vishwas Scheme, 2020.
ADM Agro Industries Dharwad Pvt. Ltd., engaged in agro-based industries, faced a dispute over the assessment year 2013-14, which led to an appeal against the order of learned CIT(A)-32 dated 26.11.2018. The matter concerned various tax discrepancies identified by the authorities.
The appeal, marked by complex tax arrears, saw a significant turn when the company opted to settle the dispute through the government’s Vivad Se Vishwas Scheme, 2020, aimed at reducing litigation in direct tax disputes. On March 16, 2021, the company formally expressed its intention to withdraw the appeal, supported by a certificate under Section 5(1) of the Direct Tax Vivad Se Vishwas Act, 2020.
The tribunal, comprising Vice President Shri G.S. Pannu and Judicial Member Shri Sudhanshu Srivastava, noted the withdrawal request and the lack of objection from the Senior DR. Acknowledging the resolution under the Vivad Se Vishwas Scheme, the tribunal accepted the withdrawal and dismissed the appeal.
This case highlights the effectiveness of alternative dispute resolution mechanisms in tax disputes, providing a pathway for companies to resolve conflicts efficiently. The decision reinforces the government’s commitment to reducing litigation and facilitating ease of doing business. The tribunal’s acknowledgment of the resolution scheme provides a precedent for similar cases, encouraging more entities to consider such avenues for dispute resolution.
The case was concluded through a virtual hearing, showcasing the adaptability of the judicial processes in contemporary scenarios.
ITA No. 1009/DEL/2019 – ADM Agro Industries Dharwad Pvt. Ltd. vs. DCIT, Resolution of Tax Dispute
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