The appeal ITA No. 4943/DEL/2019 represents a pivotal decision where ATC Telecom Infrastructure Pvt. Ltd., previously known as Transcend Infrastructure Pvt. Ltd., chose to settle its tax disputes for the assessment year 2014-15 under the Vivad Se Vishwas Scheme. This case provides significant insights into the application of this dispute resolution scheme.
Originally contested on various grounds of tax assessments by the Additional Commissioner of Income-Tax -25(2), New Delhi, the case was poised for an extensive legal battle. However, the introduction of the Vivad Se Vishwas Scheme provided a new avenue for dispute resolution, which the appellant embraced.
The proceedings detail the appellant’s decision to withdraw from the conventional litigation process and instead opt for a settlement under the government’s scheme designed to reduce litigation in direct taxes and facilitate the resolution of pending disputes.
The Income Tax Appellate Tribunal, headed by Shri R.K. Panda, Accountant Member, and Shri K.N. Chary, Judicial Member, acknowledged the appellant’s request for withdrawal in light of the settlement under the Vivad Se Vishwas Scheme. The tribunal consigned the appeal to records, marking it as dismissed, contingent on the successful resolution of the dispute under the scheme.
This decision marks a significant use of the Vivad Se Vishwas Scheme, reflecting the shift towards alternative dispute resolution mechanisms in the realm of tax disputes. The caveat allows for the reinstatement of the appeal should the settlement not reach a conclusive resolution, ensuring that the appellant retains legal recourse.
The case of ATC Telecom Infrastructure Pvt. Ltd. vs Addl. CIT demonstrates the evolving landscape of tax litigation in India, showcasing the potential benefits and procedural nuances of the Vivad Se Vishwas Scheme. This case serves as a precedent for other taxpayers considering similar avenues for settling longstanding disputes.
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