Case Number: ITA 5594/DEL/2019
Appellant: Tropicana Enterprises Pvt Ltd, New Delhi
Respondent: ITO Ward 25(4), New Delhi
Assessment Year: 2015-16
Case Filed On: 2019-06-27
Order Type: Final Tribunal Order
Date of Order: 2021-06-29
Pronounced On: 2021-06-29
This case involves the appeal filed by Tropicana Enterprises Pvt Ltd, New Delhi against the order of the Commissioner of Income Tax (Appeals) [CIT(A)]-9, New Delhi, dated 26.02.2019, for the assessment year 2015-16. The appeal was filed on 2019-06-27 and the order was pronounced on 2021-06-29. The main issue in this case was related to the tax arrears for the assessment year under consideration.
Tropicana Enterprises Pvt Ltd, based in New Delhi, filed an appeal against the order of the CIT(A)-9, New Delhi. However, during the proceedings, the appellant opted to settle the dispute under the Vivad Se Vishwas Scheme, 2020. This scheme allows taxpayers to resolve their tax disputes by paying a certain percentage of the disputed tax amount.
The appellant initially challenged the order of the CIT(A)-9, New Delhi. However, before the hearing, the appellant submitted a letter dated 15.06.2021, requesting the withdrawal of the appeal, stating that they 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, confirming the settlement, was also filed.
The Income Tax Appellate Tribunal (ITAT) heard the case on 29.06.2021 through virtual hearing. The Senior Departmental Representative (DR) raised no objections to the withdrawal request. The tribunal, comprising Vice President G.S. Pannu and Judicial Member Ms. Madhumita Roy, accepted the appellant’s request to withdraw the appeal.
The tribunal noted:
The ITAT concluded that in light of the appellant opting for the Vivad Se Vishwas Scheme, the appeal was withdrawn. The tribunal dismissed the appeal as withdrawn on the date of hearing, 29.06.2021. The decision was announced during the virtual hearing on the same day.
This case highlights the utilization of the Vivad Se Vishwas Scheme by taxpayers to settle their disputes amicably and avoid prolonged litigation. The scheme provides a beneficial route for both the taxpayers and the tax authorities to resolve disputes efficiently.
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